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P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 33284
Experience:  12+ yrs. of experience including real estate law.
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Can any members of my HOA or management company come onto my

Customer Question

Can any members of my HOA or management company come onto
my private property without my permission. I live in a free standing home
where I own the home and a 1/4 acre property. Can i force them to give
me notice before they come onto my property (like my driveway, front and rear yard)???
I live in Florida. West Palm Beach
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  P. Simmons replied 7 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

This depends on your bylaws...can you tell me, what do the bylaws say, if anything, about this?

Customer: replied 7 months ago.
The bylaws don't say anything about this subject.
I own a free standing single family home in Florida.
It seems to me that under NO circumstance could anyone
enter inside my property line boundary without my permission.
They would be trespassing?It does not seem that any bylaw would give any HOA member the
right to Trespass on my property without my permission. (common sense).If I wanted to sit on my patio naked, that would give a board member the
right to (at his own time and digression) to peer into my patio without any
notification to me that he or she was given my permission to enter my property????RRR
Expert:  P. Simmons replied 7 months ago.

Thank you for your response

You say

It seems to me that under NO circumstance could anyone
enter inside my property line boundary without my permission.
They would be trespassing?

I agree with this statement, generally speaking

HOWEVER, HOA rules CAN apply here. If you are part of an HOA? By law your title is governed by the HOA rules. And the HOA could, for example, allow the HOA to access your property...if the HOA rules allowed this, it would NOT be trespassing.

THat is why I ask about what the HOA rules provide.

If they are silent...if they do not give the HOA authority to enter onto your property? Then I agree with you, absent your permission, they can not enter (if they did it would be considered trespass)

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 7 months ago.
I read that Florida trespass will override any rules that are setup by
an HOA????
Customer: replied 7 months ago.
I meant to say trespass law.
Expert:  P. Simmons replied 7 months ago.

Again, IF the HOA bylaws allow them to enter the property without permission? They can. The HOA bylaws are tied to the title of the real property...if you have bylaws that allow the HOA to access the property? They can access the property.

Period.

This would NOT be considered trespass.

You mention you read otherwise...I am not sure what you are referring to but if the HOA bylaws allow access, then there is no "trespass"

Again if the bylaws do not address this (as you indicate in one of your responses)? Then there is no right of access by the HOA.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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