But isn't the board just the elected decision making body? It also has a permanent staff that I pay to act on my behalf to do things like hire landscapers, fix the gate and fence, clean the pool, and (according to the sign at our gate) prosecute trespassers.Is your name on the deed or the lease? If yes, you have apparent authority. Since your name isn’t on the HOA baord (they own the common areas), you don’t have actual or apparent authority beyond your property lines.
By my question, I meant, doesn't my HOA have apparent authority over the area within the fence, to include my house...and therefore the ability to be the complainent without a POA for home trespass from me? They absolutely control (via gate code access) who can enter the neighborhood...I would think that is enough to indicate apparent authority.