Can the HOA enter a Home Owner’s Property if the Irrigation System Control Panel is on this Property?

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“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?

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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.

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.



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Author: House Attorney

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