HOA Infringement of Rights
Apr 9th, 2007 by Alex
As much as I like my place, I hate the HOA and its inspection process. The inspections are performed by representatives with no construction or repair experience. They cite problems then follow up with an inspection so cursory they won’t be able to tell whether repairs were made or not. When questioned in person they will typically recommend caulk for most repairs, whether there be a gap in wood, concrete, or existing caulked seams.
While I took the time to read through the bulk of the by-laws and covenants before moving in, the following text in a recent mailing concerning inspections shocked me.
“If [a] violation remains [three months after the initial notices and a hearing], the association may charge the owner $250 for failure to comply with the maintenance request. The association may also choose to enter the property and repair the home and bill the homeowners for the repairs.”
Enter my home? If it’s unconstitutional for law enforcement to enter my home without a warrant, where does an HOA get off infringing upon my individual right to privacy? How is the interior of my home any business of my neighbors, the association, or the rest of the community? These are the same people who think that they can enforce noise violations by sending letters; claiming that one of the reasons people move here is the large number of covenants. I doubt that an HOA wants to be held liable for enforcing that sort of criminal law, much less the much more serious issue of trespassing.
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Before I say anthing else, I want to be clear that I agree that your HOA is rediculous and I think you’re right to be upset.
That said, I think the HOA just has problems saying what they mean. They don’t enter the interior of your home for the inspection, so there would be absolutely no reason for them to enter the interior of your home to make a repair.
By “enter the property”, I think they’re just referring to the exterior. Although, if they’re trying to cover their rears in case of a trespassing charge, I wonder if there’s anything in the by-laws or covenants about the landscapers being on the property?
By the by, I’m curious… What was their issue this time?
HOA’s are small totalitarian goverments that, if mismanaged, can potentially erupt into a situation that fosters neighbor disagreements, jealousy, and eventually greed. I’ve seldom heard of any that have been managed properly, mostly due to poor interpretation of the bylaws.
I once had a property that was nearly a victim of a greedy condo association Board of Directors. I eventually found out that the board was comprised of two brothers and one business partner who were trying to buy the all units to eventually convert the building into an apartment complex. In order to get below market prices, they would raise the condo fees to outrageous amounts, wait for a default (even if it was less then 50$) accelerate the yearly fees and when the owner couldn’t pay, they would have the lawyer sue and eventually foreclose on the property. I sold as soon as I heard that was the case. It was simply awful.
THF: One word for that… unreal. I don’t think mine has degraded that much, yet.
HOA’s are much more prevalant in the west; mostly in places where “Active Adult” communities thrive. There is an entire website deticated to the problems with HOA’s and the neighborhood squabbles they have generated, mostly throughout California.
If you regularly attend meetings and keep open communication with the BOD, you will be fine. It’s those who choose to not keep watch who often get burned.
Your HOA doesn’t have the right to enter your home for an inspection without your permission. Even if they say they do have the right they do not. If you own your home, bottom line is if they do they have trespassed and you can file criminal trespassing against them if you have the guts to do so. It’s called “right of quiet enjoyment”
Call your HOA and ask who entered your home. If the individual on the phone will not tell you fill against that person.
If you can get others to join you in filling you may bring the situation to a head and stop the illigal intrusion that they have given themselves the power to do.
If you would feel more comfortable in doing contact an attorney.
Good luck with your fight.