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The original was posted on /r/fuckhoa by /u/DueWarning2 on 2023-09-29 18:24:25.
HOA passes a rule (not bylaw or CC&R) now making access to external utility outlets in side a trespass offense. Previously separate upstairs downstairs units shared thè utility outlets for water (and electricity and phone) even though they were on the downstairs units outside wall since the complex was constructed over 50 years ago. The area is now called “exclusive use common area” and upstairs units are facing a harassment rule interfering with their ability to access utilities on what is actually the “servient estate “ in all this-the downstairs unit.
Given no previous authority exists for trespass violations in the governing documents and trespass is a misdemeanor not infraction, can HOAs legally enforce a trespass charge?