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#1
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Question about trespassing.
I own a house that’s part of a housing development. This development is located about 30 miles into the woods. There is a “caretaker” who is paid by the HOA to provide minimal services, including what is laughingly called “security.” He mostly drives a small pick up truck around the development 1x or 2x per day. He's worked for the HOA for at least 12 years.
There have been at least 2 occasions I know of where the caretaker has gone on to my property without my permission or request. In the most recent case, he wrote that he smelled something bad and came on the property to discover a large dead animal behind my house. The back of the house is at least 50 yards from the roadway and I have some doubts he would have been able to smell something from that distance. I’ve been away from the house for a couple of weeks, and have not had the opportunity to check this myself, but he later wrote that most of the large dead animal has been consumed, about 4 days after he first found it. This event is kind of creepy. Not so much due to the possible large dead animal, which happens in the woods, but due to the guy touring my property without my permission or request. Any suggestions on how to handle this? Should I bring it up to the caretaker, HOA or County Sheriff, or just let him continue to stalk the property whenever he contrives a need? |
#2
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Sell the house to some poor schmuck. Buy a house that's not encumbered by an HOA and the thugs who work for it.
HOAs for detached houses are an asinine idea; they only make sense for attached condos where there is common structure. |
#3
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Thanks for he comment but I’m not interested in debating the utility of a HOA in this case except that AFAIK, the HOA doesn’t grant itself the right to come on my property without permission. That is probably the 1st thing to check.
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#4
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A dead deer would make quite a stink. If the wind were light but moving the right direction I don't doubt he could smell it. I'd check my homeowner covenants and see if he has the right to come on your property without permission.
__________________
[SIGPIC] Diesel loving autocrossing grandpa Architect. 08 Dodge 3/4 ton with Cummins & six speed; I have had about 35 benzes. I have a 39 Studebaker Coupe Express pickup in which I have had installed a 617 turbo and a five speed manual.[SIGPIC] ..I also have a 427 Cobra replica with an aluminum chassis. |
#5
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Does the castle doctrine apply, even outside the dwelling structure, and does any HOA rule supercede it?
If yes, under what circumstances?
__________________
1991 560 SEC AMG, 199k <---- 300 hp 10:1 ECE euro HV ... 1995 E 420, 170k "The Red Plum" (sold) 2015 BMW 535i xdrive awd Stage 1 DINAN, 6k, <----364 hp 1967 Mercury Cougar, 49k 2013 Jaguar XF, 20k <----340 hp Supercharged, All Wheel Drive (sold) |
#6
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I'm not DEBATING the utility of an HOA. I'm SAYING that they're a useless parasitic organization and moving is the best option.
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#7
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It sounds like he might be performing a valuable service. Just having someone around deters people who might be inclined to mess with your property when you are away.
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#8
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x2, unless he has done something to arouse your suspicion.
__________________
[SIGPIC] Diesel loving autocrossing grandpa Architect. 08 Dodge 3/4 ton with Cummins & six speed; I have had about 35 benzes. I have a 39 Studebaker Coupe Express pickup in which I have had installed a 617 turbo and a five speed manual.[SIGPIC] ..I also have a 427 Cobra replica with an aluminum chassis. |
#9
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There is no statement in the covenants which grants the HOA permission to come onto owner's property.
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#10
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Thank you for clarifying. In the interest of further clarification I was politely stating I don’t GAS about your opinion.
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#11
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Yes.
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#12
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That's nice. Guess you're getting what you paid for when you bought in an HOA-encumbered area
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#13
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FYI, a large dead animal STINKS.
__________________
"Senior Luna, your sense of humor is still loco... but we love it, anyway." -rickymay ____ "Your sense of humor is still loco... " -MBeige ____ "Señor Luna, your sense of humor is quite järjetön" -Delibes 1982 300SD -- 211k, Texas car, tranny issues ____ 1979 240D 4-speed 234k -- turbo and tuned IP, third world taxi hot rod 2 Samuel 12:13: "David said to Nathan, “I have sinned against the Lord.” And Nathan said to David, “The Lord also has put away your sin; you shall not die." |
#14
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He may be. Or not.
Quote:
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#15
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There is probably no harm having this semi official deal with what he has. What if it had been your expired carcass behind the house?
Sure it may even have exceeded the understanding of function but since he has held the position for twelve years. Unless you suspect some major character flaw he was doing you no harm. His intent may even just have been helpful in nature as an individual. I was also thinking if you wanted no trespassing signs to that effect should be present. Otherwise random intrusions upon our properties without criminal or overzealous intent by an individual are of no great concern. On the other hand some property owners in some given areas may be justified if there is too many negative incidents in their area. |
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