Methinks that guy better read and know his bylaws, as I can’t imagine they give him power to trespass on an owner’s property.
In Florida, where HOAs are endemic, board members have to be certified through a training class or sign a statement that they have (completely) read and understand their bylaws - this is a state law. I can tell you that the bylaws in my community do not give me, as President of the HOA, the right to trespass onto an owner’s property. We can inspect from the property line, but that’s about it. If I can’t see it there’s no violation. That does not mean I can look over a fence, either, so Meade is safe in my community. Even if I could, there’s no violation if it’s not visible from the street in our community. The only exception to that would be if it was some sort of a nuisance, like making soap, rendering animals or noise. And those are all County ordinance violations, not HOA. We do have rules against non-operational vehicles, but those are pretty vague and rarely enforced. I have a neighbor two doors down whose adult son is in the military and deployed right now. His Honda Civic is parked in her driveway up close to the garage. It’s neat, clean, and on all four tires. I suspect the tag has expired, but it’s by no means a nuisance and I’m not going to write her up over it. Not to mention there might be a legal issue since the owner is in the military and deployed. Be aware that there are all sorts of exceptions in the real estate and rental laws for active duty military folks (as there should be.) Dan > On Oct 27, 2015, at 5:21 PM, Craig via Mercedes <mercedes@okiebenz.com> wrote: > > On Tue, 27 Oct 2015 10:24:04 -0400 Meade Dillon via Mercedes > <mercedes@okiebenz.com> wrote: > >> Noisy neighbors / HOA's / Gated Communities >> >> I was recently talking with some folks who live in one of the many local >> "communities" operating under a Home Owner's Association with all the >> rules/regulations that go along with that. One fellow told the story of >> walking in the neighborhood and meeting the HOA President coming out of >> the fenced-in backyard of a house, and asking what was going on. HOA >> Prez replied "Oh just making my rounds to find violations of the rules" >> and basically said the HOA covenants and restrictions gave him and the >> HOA board the power to go into anyone's backyard, fenced or not, to >> inspect, at any time. >> >> Wow. > > I guess I would check that with an attorney, after which I might be > tempted to call the police on a trespass charge. > > >> We were all pretty incredulous, nothing like that going on in my HOA >> thank God! I hide all my C&R violations in my backyard, like the rest >> of my neighbors... >> >> Next house will NOT be part of an HOA. > > You can get some pretty obnoxious neighbors even without an HOA. We had > some in Los Alamos. > > > Craig > > _______________________________________ > http://www.okiebenz.com > > To search list archives http://www.okiebenz.com/archive/ > > To Unsubscribe or change delivery options go to: > http://mail.okiebenz.com/mailman/listinfo/mercedes_okiebenz.com > _______________________________________ http://www.okiebenz.com To search list archives http://www.okiebenz.com/archive/ To Unsubscribe or change delivery options go to: http://mail.okiebenz.com/mailman/listinfo/mercedes_okiebenz.com
