Was it illegal for the HOA to paint everyone's mailbox without their consent?
Full Question:
I live in a housing development where there is a homeowner's association in place. These are single family homes and all property maintenance is the responsibility of the individual homeowners. Recently, our homeowner's association went through the neighborhood and painted everyone's mailbox. They did so without informing the homeowners that they were going to do so, and without asking permission of the homeowners to do so. To make matters worse, one of the board members owns the painting company that was hired to do the painting, which to me would seem to be a huge conflict of interest. I feel that my mailbox is private property and that they were trespassing in doing what they did. Is this the case and what legal recourse do I have.
05/11/2007 |
Category: Real Property ยป Homeowner's ... |
State: ALL |
#4498
Answer:
This would depend on what the protective covenants say about the powers of the homeowners association, as well as whether the mail box is located and/or owned under the covenants. A lot of covenants and associations do have provisions dealing with style of mail boxes. However, it is uncommon for painting them as you mention. This does not mean that it is not allowed but would be not be typical. You should check with the association secretary or president to determine the action taken for this act. The conflict issue would also be an issue that the covenants or bylaws of the association might address. Hope this helps.