It is crucial to pinpoint exactly which part of the documents gives the board the power to enter someone’s property and take the intended actions. An association’s Declaration of Covenants, Conditions, and Restrictions (CC&Rs) should contain provisions outlining the HOA board’s authority to enter a homeowner’s property. The first thing the HOA board must do is to check state laws and the association’s governing documents. Check the Governing Documents and State Laws Here are the things an association must take into account:ġ. Therefore, the HOA must act cautiously when it comes to entering a homeowner’s property for correcting a violation. Mishandling the situation can result in a wide array of consequences. While the association can enter a homeowner’s property under a few circumstances, the HOA must first ask itself whether it should. What to Do Before Entering a Homeowner’s Property The association can charge the violators in this case with trespassing. The same goes for people who are unapproved tenants residing on a property or those in a foreclosed property. It is, however, considered HOA trespassing if the person entering the pool (or any other common area) is not a member of the HOA community. Instead, the HOA can simply charge the homeowner with a fine and move on. In the above scenario, the homeowner broke a rule about the community pool hours.Ĭalling the police on the violator is an exaggerated reaction. However, most experts agree that classifying this as trespassing seems extreme.Īssociations must learn to differentiate between trespassing in HOA communities and a mere violation of the rules. If a homeowner enters the pool area outside of those hours, the HOA may feel tempted to charge the homeowner with trespassing. For instance, an association may have a rule that only allows homeowners in the community pool area during specific hours. The unauthorized entry into a property does not always equate to trespassing. Learn to Discern a Trespass from a Violation The lead time varies from association to association, so it is imperative to check the governing documents for such provisions. Of course, the association must provide the homeowner with sufficient prior notice of the intent.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |