Legal Question in Real Estate Law in California
Right of access to condo common property areas.
Dear Guru, Are signs that declare ''restricted access to authorized persons'', ''no trespassing'', ''residents only'' etc., to the defined common property areas of condominium or planned housing developments enforceable? (And in the absence of signs,is there a possible trespass violation?). The common areas I refer to are those generally used for automobiles or pedestrians. My specific interest in this question relates to my daily activities as a Realtor-I frequently walk door to door within condo complexes in expectation of generating either buyer or seller business. Thank you in anticipation.
1 Answer from Attorneys
Re: Right of access to condo common property areas.
Door-to-door salesmen are usually treated as one step above a common trespasser -- they are classed (in the common law of most states) as licensees. Therefore, your presence on the common property is probably not trespassing. This does not mean that you may park in no parking spaces or spaces assigned to individual residents.
My guess is that you are within your rights to drive in, park in an unassigned space, and make calls on residents, but this is no guarantee that someone won't accost you angrily or have you towed when you aren't looking.
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