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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37079
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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I live on a private road in a subdivision outside

Customer Question

I live on a private road in a subdivision outside Houston,Tx. Are inspectors from the local POA allowed to use this road to inspect my property?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  LawTalk replied 1 year ago.

Good evening,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. What do you mean when you use the acronym POA? Property owners Association?

Doug

Customer: replied 1 year ago.
We live on a gated private road.
Expert:  LawTalk replied 1 year ago.

Hi,

Thanks for the additional information.

Given that the POA presumably has a right of inspection pursuant to your POA By-Laws, to ensure compliance with any CC&Rs that you might be subject to, and given that the private road is the only way for them to access your property, then yes, they would have a legal right to utilize the road to get to your property.

I have to admit that I am curious as to why you would ask that question. Is there a particular reason that you would like to keep them out?

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2015,

Doug

Customer: replied 1 year ago.
I have had an RV parked in my driveway for 11 years. Apparently the POA got a new inspector who is now objecting to the RV being parked there.
Expert:  LawTalk replied 1 year ago.

Good evening,

Ah, that makes sense and now, I full understand.

The POA is allowed access to those areas of your property that are subject to the POA By-Laws and CC&R's, and things such as RV's parked in violation of the rules can be forced to relocate.

It will not be possible for you to deny the POA inspector entry to the private street in an attempt to prevent the RV from being seen. I am sorry.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

Would you please take a moment to positively rate my service to you based on the understanding of the law I provided by clicking on the rating stars---three stars or more. It is that easy. That is the way I am compensated for having helped you.

Thank you in advance. I wish you the best in your future,

Doug