Can I be trespassing while invited onto the property?

[Mike Krausman]

What is the name of your state?What is the name of your state?What is the name of your state?

Texas

I was arrested Saturday Feb. 12th 2005 for criminal trespassing at a condominium project while attending a meeting of residents I sold condos to. The developer of the project did not want me on the property when I left the company a year ago and I agreed not to enter since I had no further business there.

Since then several owners had invited me there and I have attended. I was asked to leave one time last summer by the security officer that gets free rent for watching the property. I told him I would leave but circumstances had changed and I now wanted to visit the property for business and personal reasons. He said he would arrest me if I came back

I went to his supervisor and told him the situation and he agreed that if I was invited to the property I was not guilty of trespassing. He also noted that the original complaint referred to the project as an apartment project which is quite different that a condo project where there are many owners not just one.

I would like to hear other opinions as to if I am in the right or wrong and if I can possibly go after the people involved in my arrest for slander, libel, wrongful arrest etc. I spent 2 days in a nasty jail and was humiliated in front of many people at the meeting. I also was never asked to leave the property that day.

Let me know. Thanks! [email protected]

 

[HomeGuru]

What is the name of your state?What is the name of your state?What is the name of your state?

Texas

I was arrested Saturday Feb. 12th 2005 for criminal trespassing at a condominium project while attending a meeting of residents I sold condos to. The developer of the project did not want me on the property when I left the company a year ago and I agreed not to enter since I had no further business there.

**A: so if you agreed not to enter why did you renege on your agreement?
**********
Since then several owners had invited me there and I have attended. I was asked to leave one time last summer by the security officer that gets free rent for watching the property. I told him I would leave but circumstances had changed and I now wanted to visit the property for business and personal reasons. He said he would arrest me if I came back

I went to his supervisor and told him the situation and he agreed that if I was invited to the property I was not guilty of trespassing. He also noted that the original complaint referred to the project as an apartment project which is quite different that a condo project where there are many owners not just one.

I would like to hear other opinions as to if I am in the right or wrong and if I can possibly go after the people involved in my arrest for slander, libel, wrongful arrest etc. I spent 2 days in a nasty jail and was humiliated in front of many people at the meeting. I also was never asked to leave the property that day.

Let me know. Thanks! [email protected]

**A: you were wrong so get over it.

 

[Mike Krausman]

Homeguru...

Because part of the conditions for receiving my last paycheck for over 12K was to agree to not come around. Their fear was I would interfere with future sales I did so so I could get my money. I don't believe it really means anything anyway. I agred to stay off "their" property, not that of others at the project.

 

[HomeGuru]

Because part of the conditions for receiving my last paycheck for over 12K was to agree to not come around. Their fear was I would interfere with future sales I did so so I could get my money. I don't believe it really means anything anyway. I agred to stay off "their" property, not that of others at the project.

**A: does the developer still have some interest in the property via unsold units, management or operating business etc.?

 

[Mike Krausman]

homeguru

yes they do. I will know Friday AM if you are right and I was wrong. I truly believed that if invited, I had the same rights other invited guests had. What if I wanted to buy a condo there? or lease one from a private owner. ???

 

[HomeGuru]

yes they do. I will know Friday AM if you are right and I was wrong. I truly believed that if invited, I had the same rights other invited guests had. What if I wanted to buy a condo there? or lease one from a private owner. ???

**A: what kind and type of interest does the developer have? Please be specific.

 

[Mike Krausman]

homeguru

(Developers) They still own 133 units which they will be auctioning off in March.

(Property Managers) Property managers actually filed the complaint against me for trespassing. They manage day to day operations until a sufficient number of condos are sold, then condo owners will form HOA and either self manage, keep the existing or hire new.

 

[Mike Krausman]

The following is from an actual case of trespassing at an apartment complex:

The supreme court found that, under common law, a landlord was not to prevent a tenant’s invitees or licensees from entering tenant’s premises through the common areas. The court held that whether landlord was in lawful possession was irrelevant because tenant was clearly also in lawful possession and the state had produced no evidence to suggest that defendant lacked tenant’s consent to be on the premises. The court reversed defendant’s conviction.

This was for an apartment building. Surely condo owners have equal or more rights regarding guests on the property??

 

[Mike Krausman]

Trespass???

FYI Homeguru and other naysayers.....

Trespass charges were dismissed this week because it is not possible to trespass when invited onto property.

This should have been an easy one for you law junkies!

Mike

 

[south]

Yes you can be arrested if the owner has given you notice not to step on his property..

I have served such notices before and they are enforceable.

The only invite to allow you back on would be the land owner himself.


Trespassing Prohibited Law Code
No person, without permission, expressed or implied, from the owner, owner's agent or lessee, shall enter upon such private property or business premises after having been notified by the owner, owner's agent or lessee to keep off or keep away therefrom

What is the name of your state?What is the name of your state?What is the name of your state?

Texas

I was arrested Saturday Feb. 12th 2005 for criminal trespassing at a condominium project while attending a meeting of residents I sold condos to. The developer of the project did not want me on the property when I left the company a year ago and I agreed not to enter since I had no further business there.

Since then several owners had invited me there and I have attended. I was asked to leave one time last summer by the security officer that gets free rent for watching the property. I told him I would leave but circumstances had changed and I now wanted to visit the property for business and personal reasons. He said he would arrest me if I came back

I went to his supervisor and told him the situation and he agreed that if I was invited to the property I was not guilty of trespassing. He also noted that the original complaint referred to the project as an apartment project which is quite different that a condo project where there are many owners not just one.

I would like to hear other opinions as to if I am in the right or wrong and if I can possibly go after the people involved in my arrest for slander, libel, wrongful arrest etc. I spent 2 days in a nasty jail and was humiliated in front of many people at the meeting. I also was never asked to leave the property that day.

Let me know. Thanks! [email protected]