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Trespassers !

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phairest

Junior Member
Dallas, TX

Howdy all- I'm a resident and board member for a condo community here in Dallas. The main issue we have is that we're the only community on the block with a pool, and non-resident kids are invading our community to get to it. I wouldn't care so much if this was an occasional occurrence or if they had any manners, but that's not the case; they come in droves and then are screaming, being destructive, littering, and on top of all that there are liability concerns as well. Summer is ramping up so I need to nip this in the bud fast, so please advise. FYI we have a fence around the entire property, another fence around the pool, and 'private property - no trespassing' signs are posted throughout.

I'd like to just call the cops- can I do that since our fences/signs make it pretty obvious they shouldn't be there, or does a resident actually have to confront them before the cops could intervene? For that matter, if the cops came out is it likely they'd be arrested, or ticketed, or what? Assuming they would be arrested/ticketed, for what exactly- simple/defiant/criminal trespassing (what's the difference btw), destruction of property, criminal mischief... anything else might apply here? Also, my home's balcony has a decent view of the pool area- is it advisable for me to video prior to calling cops for use as evidence? And, anything else you think would be relevant, please do tell.

Thanks!
 
Last edited by a moderator:


swalsh411

Senior Member
I wouldn't be so cavalier about even the occassional minor tresspassing and getting into your pool. The liability issue here is huge.

Have you called the police to see what they say? I would think the children would receive a warning at first which might be enough. The cop would hopefully also tell the parents of these brats that they will be ticketed if it doesn't stop.
 

whatnow22

Member
also not to mention if these outsiders are being disruptive, it impedes your paying residents chance to have quiet enjoyment of the pool their fees help pay for.
 

dmcc10880

Member
As a board member (and I am one in a condo hoa in Dallas), you have a fiduciary duty to the other owners to protect the association from liability. What if a trespasser dives in 3' of water and breaks his neck? Who's gonna get sued? You got it. The HOA.

Secondly, what we do and we do not have a situation like yours, is hire security staff at the pool especially during peak weekends in the summer to monitor pool use for smoking, glass and making sure he who enters is a resident.

Do you have an entry lock on your gate, either by key or code? I'm sure you do as that would be required. How about the height of the fence? Maybe look at a higher fence? Do you have on site security? If not, you might consider that. The HOA might want to invest in security cameras at the pool.

If all else fails, call the police. Out of curiosity, what part of the metroplex is your condo?
 

phairest

Junior Member
lol Chuck Norris, I wish!

Both fences have keyed entry- the outer one uses a clicker or gate code, and the one around the pool uses a magnetic key. And they're both around six feet- high, but not too high for a determined moron to jump or even kick through sometimes. I planted climbing roses (nature's barbed wire) where the kids tend to come across, but those won't grow tall enough to be useful for a while. A security guard and/or a higher fence would be nice, but isn't financially possible at the moment because we already have another special assessment active and I don't want to burden residents any further.

So anyway, I called the police and they said nobody needs to confront them- just call 911 and the cops will deal with it with warnings/tickets/arrests as the situation warrants. I also hit up a lawyer buddy of mine, who said that parents letting their kids run amok can be held liable for damages: Liability for acts of minor for negligence if it is attributable to parent, without limit, or willful and malicious acts of child between 10 and 18, limited to $25,000. Texas Family Code Secs 41.001 and 41.002. And finally, because we have a problem resident who sometimes assists/encourages the trespassers, we have our HOA R&R that allows us to fine the bejesus out of them. Tomorrow is going to be a beautiful Saturday, so fingers crossed I'll be poolside without the rowdy company.

Oh and, my condo is by Northpark Mall- where's yours dmcc?

P.S. Apologies to whomever got their panties in a knot over my original choice of verbiage :rolleyes:
 

divona2000

Senior Member
...lawyer buddy of mine, who said that parents letting their kids run amok can be held liable for damages: Liability for acts of minor for negligence if it is attributable to parent, without limit, or willful and malicious acts of child between 10 and 18, limited to $25,000. Texas Family Code Secs 41.001 and 41.002...
I'd make that into signs and post it around on the fence :D
 

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