Unit Owner’s Fiancé Banned from the Community Association

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P.S. from New Hampshire writes:

Dear Mister Condo,

I have lived with my fiancé for over 5 years. At times we have fought and screamed at each other for many different reasons and I know that we live in a Condo with close neighbors and that our fighting at times was heard by them. We have never harmed each other or any property, we just yelled and screamed at each other for various reasons. Well, to make a long story short, I moved out about a year ago and have not been with my Fiancé for a year although we have talked on a regular basis. We have since decided to give our love and our life together another chance and everything has been going great. I think we both grew up a little and we really missed each other, so, as I was at her home in which so owns visiting her and her son, the police came and told us that the Management Company and the Board of Directors put a trespass warrant on me that I was no longer allowed on the property and that I was to leave at once. My Fiancé told the police that this was her home, that she owns it and she did not want me trespassed from her home. I understand if they do not want me in the common areas such as the pool and the club house, but, my future wife’s home, can they do that by law? Do they have the right to ban me from her home without her agreeing with them? We live in Hillsboro County in New, Hampshire. Before I contact a lawyer and spend the money that we do not have at the moment, are they able to do this to us? Any help or advice that you can give me would be greatly appreciated.

Mister Condo replies:

P.S., I commend you for changing your behaviors and I hope that your fiancé and you have a long and happy life together. Unfortunately, you have made yourself a “persona non grata” within the association because of your previous actions. Since you are not an owner within the association, you have absolutely no rights on association property as it is private property and your previous behavior was so abhorrent the association took the drastic steps of filing a trespass warrant against you. While the association may not be able to prevent you from spending time with your fiancé they can certainly keep you off the private property the association owns. I am not an attorney nor am I an expert in New Hampshire community association law so you I do have to recommend that you spend the money on speaking with an attorney to see what rights you and or your fiancé have when it comes to providing you with entrance / egress to the unit that she owns. My guess is that unless the association agrees to remove the trespass order, you will not be able to visit her at the property. Perhaps she can come visit you instead. If you were to have your name on the property, I would have different advice as a unit owner clearly has the right to access his or her own unit. Good luck!

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