Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“Can the Board of a HOA enter a private property within the community that happens to have the waterfall circuit board and the sprinkler system control panel located on their property?
The common grounds of our subdivision have a pond with a waterfall as well as an irrigation system. The control panel for the sprinkler and the electrical circuit box are located in the back yard of one of the homes in the association. We can’t find anywhere in the documents or bylaws where the board was given a utility easement or access easement to get to these panels. Do we have a right to enter a backyard to access the control panels without a documented easement? Can this homeowner forbid us access to the panels? What is our best way to rectify this situation?”I’ll assume that you have an easement which allows you to have the controls there-because if you don’t, then you’re trespassing by having it. If you do have such an easement, then you’re in luck. The law implies any auxiliary easements which are required in order to accomplish the purpose of the primary easement, so you’ve got a fairly good argument that you have the right to get to the control box to use it.
Question: The best way to rectify the situation, however, would be to get an explicit agreement with the property owner, and memorialized it in a new easement document.
