Property rights violated

Dear Editor,

On April 18, 2009, the Birkdale Community Association [BCA] Board of Directors authorized a number of Birkdale homeowners to trespass and commit invasion of privacy without permission. This injustice to me occurred without my permission and could very well have occurred on other homeowner lots; however, I only witnessed the occurrences on my street.

Most disturbing to me was when I called the Chesterfield County Police Department saying people were trespassing on my property without permission. Their response was, "We cannot take action unless you can prove you did not sign away your rights to privacy based on Birkdale's governing documents." Surprised by this response, I said I would make verification. I asked the board to show me the document or information which I specifically signed, waving all my rights to my privacy, including any other fundamental right accorded me by the Constitution, state or county laws.

The board, using our managing agent, sent me Section 8.3 "Maintenance of Lots," saying this is what the board used as their reference to authorize an invasion of privacy without any consequence to the violators.

I stopped and questioned two of the volunteers regarding any policy changes that would allow these horrific injustices. Their reply was [there had been] no changes, but [they] said the board located and interpreted our governing documents such that the board could authorize homeowners to trespass and commit invasion of privacy without homeowner permission. I personally witnessed two homeowners entering my property as well as every lot on my street. I watched in awe as they entered lots coming within a few feet of all sides of my home and others having potentially a clear view into open doors, open windows and open garages. In my opinion, the board's decision to trespass without warrant or due cause is an injustice and is unfair. I suppose a "No Trespassing" sign would be appropriate. In addition, in my opinion, the board's approved actions destroyed several friendships, probably beyond repair. How sad.

Section 8.3 "Maintenance of Lots" reads as: "Declarant reserves the perpetual easement, right and privilege, and the association is granted the perpetual easement, right and privilege, to enter upon any lot, after at least 10 days' notice to the owner thereof, for the purpose of mowing, removing, clearing, cutting or pruning underbrush, weeds or other unsightly growth, dispensing pesticides, herbicides and fertilizer and grass seed, removing trash and taking such other action as the declarant or the association may consider necessary to correct any condition which detracts from the overall beauty of the properties or which may constitute a hazard or nuisance. The cost incurred by the association in taking such action shall constitute a special assessment upon the lot and shall be collectible in the manner provided herein for the payment of assessments. This section shall not apply to lots owned by declarant."

Birkdale does have an annual audit. Homeowners or the Architectural Review Committee members drive the public streets in Birkdale, searching for visible infractions that violate Birkdale covenants. Example: unkempt landscaping, home repairs and parking boats or trailers in driveways. No previous board ever entered a homeowner's lot without permission and/or without a personal notification, nor would a homeowner ever think this kind of injustice would occur.

I did not violate our covenants. I did not violate any of the conditions stated in section 8.3, or any other portion of our governing documents. I did not have a complaint lodged against me for being a nuisance or owning a hazard, which would give cause to enter my lot without proper notification. No one had reason to enter my property to take corrective action. My home and landscape are within the boundary standards set forth in the [BCA] covenants. There was absolutely no reason for the trespass or invasion of privacy.

The Fourth Amendment says, "The right of people to be secure in their person, house, papers and effects against unreasonable searches and seizers shall not be violated." It appears that the Birkdale Community Association Board of Directors wants to alter our enjoyment of living in Birkdale. Clyde D. Miller Chesterfield