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I live in a private gated community that through the HOA has employed an inspector to ensure that construction works are in compliance with CC&R's. As my dwelling is located to the back of my property line up a steep driveway is an inspector in effect trespassing by being on my property without my personal authorization which I have not expressly granted as I require a waiver for any personal damage as I keep dogs which is permitted under the guidelines of the community and I have had people open the gate and let them escape before now. Can I file a restraining order to keep the HOA staff off of my property or do they have de facto access as do law enforcement, emergency services or utilities staff none of whom have ever caused a problem by abusing the rights.
Optional Information: State/Country of Question: California Already Tried: internet searches
Thank you for the post, rather than file a restraining order, you should contact the HOA in writing to explain of the dog's presence and out of concern for their safety and the safety of others you request that they obtain prior approval before entering your land. I suspect that through the HOA docs they have de facto access, but by sending this written communication you are alerting them to the dangers associated with exercising it at will should any issue arise later.
I just dont want them or anybody else for that matter on my property how can I enforce this as sending letters is impractical as they randomly appear.
Place a no trespassing sign on your property and file a restraining order agains them.
Experience: Negotiate, Draft, and Review many complex commercial agreements each year.