Architectural Control Authority

167 Private Townhome community in Maryland.
I have never seen this asked before, but I am wondering how far onto a homeowners property is the Architectural Committee/or the Management Company permitted in order to carry out property inspections?
We approved the request for a homeowner to install a 14x16 foot deck on the rear of their home. (About ground level)
After it was completed several neighbors complained it appeared to be much larger, and went beyond the decks
of others in the same area.
During our inspections we measured the deck, and found it to be over 17 1/2 foot.
The yard is not fenced, and we did go onto the property to measure the deck. (Not onto the deck itself)
Now there is an issue as to, if we are permitted to even go onto the property to do this type of inspection.
If not, how would the committee be able to see if railings, doors, or other items need to be maintained?
The community is all private property, and the homeowners own their own homes, but all the surrounding land is owned by the corporation.
Any thoughts:

Thanks in advance.

Jim

Jim,

I also live in a TH community and this issue came up with us due to a member actually entering persons property to perform the annual inspection.

Association officials are not allowed to enter the property to perform an inspection. For the front yard they must stay on the sidewalk. For the rear yard, they must stay outside the fence or property line. Entering into the property, per our attorney, is considered trespassing.

I suspect that the homeowner filed an application with the ACC to have the deck built. These applications usually have wording allowing for inspection of the work after it is completed. Why not just contact the member and arrange a time to look at the work? That's what we do.

Hope this helps,

Tim

Our Deed Restrictions (Declarations of CE&Rs) specifically provide an easement (the E in CE&Rs) for the HOA (ACC, Board) to enter homeowner property for purposes of inspection, apart from any ACC application. I don't recall if the easement allows entry to houses or just to the exterior lot. I have never heard of anyone using this easement to enter a lot, never mind a home.

In general, Directors and ACC committee people should of course request access and make appointments with homeowners. I think an alternate solution to allowing access in the wording of submitted applications, is simply requiring a tour and site inspection as a condition of approval, when necessary. Lack of information and access should always be grounds for denying an application, so there's no need for the discourtesy of entering someone's property without an invitation.

Roger:

Thanks for the Architectural Modification form. Much better looking then the one we are currently using.

Jim