HOA charging for Right of Way

I am in an association that was formed after we purchased which we were against. it comprises 8 homes. one of the homes as a ROW (Right of Way). that owner wants to SELL the ROW to all the others so that he can somehow lower his property value to get a reduced mortgage. he apparently found out he paid too much for his property. i don't see this as a problem the HOA should correct. the HOA wants to charge us to clean up the row because the previous owner did clean up prior to the present owner's purchase. Again how is this our problem?

i see problems here. one, we already have ROW access, why do we need to purchase it? two, it appears that this falls somewhere very close to favoritism and setting a bad precedent. three, i do not believe a ROW falls under HOA authority.

any info is greatly appreciated.

From your description, it sounds like the developer created that particular lot with an easement. Whoever buys the lot then finds that he owns the ground and must pay taxes but that others may use it. The current owner should have understood that when he purchased the property.

Depending on your local laws, it may be possible to subdivide that one lot to make the easement a lot of its own. The HOA could purchase the lot but it is debatable whether it will save the owner any money.

Regardless of who owns the lot, those who use an easement have a legal duty to maintain it. The guy who owns the real estate has no obligation to maintain the easement for others (except to the extent that he himself uses it). Whether the users pay directly for maintenance or pay the HOA to maintain it, the users will bear the burden.