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Where in the covenants or bylaws is the Board or ACC given the authority to conduct inspections of private property? Basically you have assumed more power than is given to law enforcement officers who require permission from the owner or a warrant. It is my understanding if you come onto someone's property without being invited, especially around the back or into a back yard, you are trespassing. I wonder if you really want to assume the liability associated with this act.
By A Concerned Neighbor
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Looking through the bylaws...
You bring up an interesting question. I scanned the CCVHOA bylaws as posted on the website using the keywords ''inspect'', ''enter'' and ''compliance.'' In none of the cases where one of those words was found did the context seem to concern entry to property to inspect for possible violations of or noncompliance with bylaws or covenants. Based on the results of my keyword search, the issue does not appear to be addressed in the bylaws. However, since I didn't read the bylaws in their entirety, I can't make that claim with certainty. Since I am a regular homeowner and not a board member, my opinion on the matter carries no weight, so I really can't speak further about it.
You likely have looked at the bylaws yourself, but for the benefit of others, the URL is
http://www.neighborhoodlink.com/public/assocab.html?nneighid=762682613&nsupercity=588069697
All that is one long line, of course, but I don't know how it will display.
By Max Chamberlain
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Bylaws
The Covenants, NOT THE BYLAWS govern what the ACC can do. Please refer to Covenant ARTICLE IV. I believe the commitee has right as I know other HOA's who do this. The Bylaws are primarily how the HOA is organized and how it conducts business.
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Covenants
I read through the bylaws tonight and don't see any place where it grants the right to trespass onto property to inspect it. Although other HOA's may have the right specifically granted in their covenants that should not be interpreted to imply that all HOA's have the same rights as not all covenants are written the same. As someone explained to me, there are actually subtle differences between the phase I & II covenants for this neighborhood.
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