QUESTION
I live in a community governed by a HOA. The developer state that he has the right to enter onto my property to correct an alleged violation.
Asked on Apr 03rd, 2012 on Real Estate - Massachusetts
More details to this question:
I have asked that he prove the violation. He refuses.He has sent me notification that he intends to enter my property to correct this violation and remove an item from my property. The item in question is a saw horse that I have placed in my driveway to keep people from using my property as a turnaround. He contends that the restrictive covenants that I signed at closing gives him this right. I informed him that I will view his actions as trespassing if he steps foot on my property and theft if he removes anything from my property. Does he have the right to do so without a court order and what can I do to stop this. I am thinking of filing a complaint with the local police department. Is this a good plan of action. Thank you
.
1 ANSWER
Real Estate Law Attorney serving Anniston, AL
at
Isom Stanko & Senter, LLC
Update Your Profile
The answer will almost certainly be found within the text of your association governing documents. Read them carefully. If you do not understand the meaning of those provisions that seem pertinent to the question, consult a good real estate attorney. The comfort of knowing exactly where you stand on the question is well worth a modest conference fee.
If the governing documents do not seem to address the question, the board should rule on the question. In that event, it seems to me that three considerations should be at the forefront:
(1.) Restrictions on pets are probably designed in part to contain noise and other annoyances caused by pets. What kind of pets are involved here and what is the likelihood they will annoy the neighbors? (2.) Restrictions on pets are possibly designed in part to help preserve the quality of the homes within the neighborhood. Homes are sometimes damaged and defaced by pets thus detracting from the overall appearance of the subdivision. The owner should be consulted. (3.) Bottom line -- there would seem to be no discomfort in denying a
Answered on Apr 08th, 2012 at 9:43 AM