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Everything depends on the variables involved in the situation. For example:

  • Is the area a common area, or a limited common area reserved for the use of owners, but not all owners?
  • Has the owner been restricted from access to community amenities for cause, such as non-payment of assessments?
  • Who issued the notice of trespass, the association or the local police?

Read your governing documents to confirm your right as an owner to be present in the common area. As well, understand the position of the trespass notice issuer.

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Q: Can a unit owner of a condo have a notice of trespass be issued against him in a common area?
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