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  #1  
Old 09-24-2013, 02:10 PM
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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?

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Old 09-24-2013, 02:13 PM
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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.
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Old 09-24-2013, 02:20 PM
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Quote:
Originally Posted by spdrun View Post
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.
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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Old 09-24-2013, 02:23 PM
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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.
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Old 09-24-2013, 02:34 PM
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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?
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Old 09-24-2013, 02:43 PM
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Quote:
Originally Posted by link View Post
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.
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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Old 09-24-2013, 02:44 PM
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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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Old 09-24-2013, 02:50 PM
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Quote:
Originally Posted by Honus View Post
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.
x2, unless he has done something to arouse your suspicion.
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Old 09-24-2013, 02:51 PM
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Quote:
Originally Posted by link View Post
...AFAIK, the HOA doesn’t grant itself the right to come on my property without permission. That is probably the 1st thing to check.
There is no statement in the covenants which grants the HOA permission to come onto owner's property.
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Old 09-24-2013, 02:52 PM
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Originally Posted by spdrun View Post
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.
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  
Old 09-24-2013, 02:53 PM
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Quote:
Originally Posted by Honus View Post
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.
Yes.
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Old 09-24-2013, 02:56 PM
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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.
That's nice. Guess you're getting what you paid for when you bought in an HOA-encumbered area
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  #13  
Old 09-24-2013, 02:57 PM
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FYI, a large dead animal STINKS.
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Old 09-24-2013, 02:58 PM
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Quote:
Originally Posted by Honus View Post
It sounds like he might be performing a valuable service.
He may be. Or not.

Quote:
Just having someone around deters people who might be inclined to mess with your property when you are away.
Of course this may be true, but in fact the location of the house is such that the occasional visitor would have occasional influence of the house being broken into, at best. In fact, the house was broken into in the past and the security guy never noticed it.
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Old 09-24-2013, 03:09 PM
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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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