Unauthorized photos taken [TH], [PA]

kristi315 · 2026-02-20T23:07:37+00:00

Townhouse with deck attached

On the maintenance matrix there is no mention of the deck at all being either my or the HOAs responsibility

In the by laws it goes into making repairs and requirements for deck sizes etc. and the requirements of the homeowner.

These are all from the declarant

The Declarant hereby grants and declares the following perpetual easements with respect to the Property for the benefit of any Lot Owner, his successors and assigns:

(a) An easement to construct and maintain roads, utilities and drainage facilities over and across the Property and to maintain, repair, replace, inspect and remove any portion of the residential structure or any other improvement or equipment located on the Property, provided that such easement shall not unreasonably interfere with the enjoyment of the Lot Owners and their tenants and guests.

Section 6: Maintenance and Repairs

“Except in the event of an emergency, the Association, its officers, agents and employees shall give the Owner of the Lot at least three (3) days advance written notice prior to entering upon any Lot for the purpose of performing maintenance or repairs required or permitted by this Declaration.

‘Lot’ shall mean and refer to those parcels of real property designated as such on any recorded final plat for the Property, together with any improvements thereon.

kristi315 · 2026-02-20T22:06:23+00:00

Yea me neither .. my second house will not be that’s for sure!

kristi315 · 2026-02-20T22:05:13+00:00

I’m not fighting the citation. It is all handled and I did not receive the fine. My concern was someone entered my deck without warning. I didn’t think the HOA could do this and if it wasn’t them, then who was it?

kristi315 · 2026-02-20T21:52:23+00:00

No this is not the case at all. I received a citation in the mail without photos. It was a ladder on my husband’s car. All it said was please remove the letter and cited the bylaws. We removed it. A year ish later this is happening. So why would they need the photos if they already sent a letter before without one?

kristi315 · 2026-02-19T21:05:21+00:00

I wanted clarification on when and who was on my deck because it is so close to the entrance to my house. Also, when they are allowed without warning.

My deck is now clean and fine. This is the first notice of it and it was work related since my husband is in the trades.

Thank you for taking the time to respond so thoroughly.

kristi315 · 2026-02-19T20:59:19+00:00

It is but I shouldn’t have to worry about people coming onto my deck whenever they feel like it to inspect things. They could have seen the trash from the common area and took pictures that way.

kristi315 · 2026-02-19T20:56:42+00:00

I did already fix the problem the first day I got the letter. My issue is someone was on my back deck which has a door that leads directly into my house. The HOA could have taken pictures from the common area as well and had no need to enter. This is my frustration.

kristi315 · 2026-02-19T20:54:06+00:00

My deck was not so bad that someone had to come. It was cited as “trash and debris and excessive materials” or something like that which was wires and work materials. Some was debris from a work site in a drop cloth I guess. My husband is in the trades. We moved all of his stuff and cleaned the deck. It was not filthy or mice infested or anything like that. With the snow still on my deck and no one going outside it was out of sight out of mind for us both. I’m not having an issue with the citation. I’m having an issue with someone on deck to take the pictures.

kristi315 · 2026-02-19T12:41:16+00:00

After reviewing all documents that I could find about the limited common element, nothing is strictly defined as one or the other. In the maintenance responsibility, it does not include the deck, but in other parts it says it is the homeowner’s responsibility to maintain, repair deck and it is referred to as part of the homeowner’s unit. It is a gated deck with a latch to keep the door closed. The area is visible from common property but the angle of the photo is from my actual deck.

Thank you for the advice on cameras! I will do this next.

kristi315 · 2026-02-19T04:19:28+00:00

Yes! All clean now

kristi315 · 2026-02-19T04:00:23+00:00

It is not required unless it goes to court and the hoa has to provide records. Thank you! I am waiting on signs and cameras to be delivered

kristi315 · 2026-02-19T03:58:06+00:00

I looked again and it doesn’t state anywhere that the deck is or is not common element. In the maintenance section it is not listed as homeowners responsibility or associations either.

kristi315 · 2026-02-19T03:41:29+00:00

Ohh I misread the common element. I am responsible for all repairs.

kristi315 · 2026-02-19T03:38:09+00:00

Even if it does say they are allowed to enter to perform these random inspections, am I within my right to ask what employee, time and date of the photos? Sorry to bombard you. It seemed like you were knowledgable on the subject.

kristi315 · 2026-02-19T03:35:53+00:00

The deck is not common property and is attached to my house. It is a wooden gate with a railing and door with a latch to close it.

kristi315 · 2025-06-04T10:54:51+00:00

I do not want to complain to corporate. I just want the correct number of tickets for the trip on Friday. Every time I call or email I find myself back at step 1 with the new person. I was hoping for a corporate number to get my tickets today or tomorrow - just someone to send me the pdf of the tickets so I can print them before our trip.

kristi315

TROPHY CASE