Private Association Roads and members who think they own everything

Started by RoxanneW1 • 8 replies • 1635 views

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RoxanneW1 (New Hampshire)
Posts: 1

Posted:

We live in a private association in NH which is a fly-in community. There are only 2 roads and approximately 11 homes. Recently another member (let's call him Mike since that's his name) informed my husband that he is not to drive past his house or he will have him arrested for trespassing. Mike also threatened to meet my husband at a store and kick the s*&t out of him (wouldn't happen as my husband has VERY quick reflexes). This stems from our 13 year old son riding his dirtbike past their house. How do we deal with Mike who has informed us we live in a hole (he lives in a house on a hill by the flight strip), he has taken pictures of our son riding (maybe I should ask for copies!) and he and his wife use such foul language even a truck driver would blush.

I have tried the civil approach but Mike and his wifey expect everyone to cower to their every whim. Mike is a board member, as is my husband, however Mike has not attended a meeting in roughly 5 years.

Any thoughts or suggestions would be appreciated!

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Call the police and NOT mix up HOA business and law of the land. This is a civil matter and NOT an HOA one in regards to the threats. As for your son riding the motorbile that may be a HOA issue. However, you can expect the police to involve themselves in that as well.

Former HOA President

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By MelissaP1 on 06/10/2012 1:27 PM
Call the police and NOT mix up HOA business and law of the land. This is a civil matter and NOT an HOA one in regards to the threats. As for your son riding the motorbile that may be a HOA issue. However, you can expect the police to involve themselves in that as well.

I agree with Melissa.

Quite often people think it is/try to make it an association issue when it is not. It is a legal issue. You were threatened. Call the police.

PeterD3 (Florida)
Posts: 708

Posted:

Assualt is difficut to prove without a witness(s), camera, etc.

DO NOYHING, keep your distance, go about your business and let him follow thru with the trespass arrest.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Its possible you are trespassing, depends on where the property line is. It may be in the middle of the road, or he may own the land in front of his house the road sits on. You may or may not have a legal right to pass. Many factors.

Beyond that:
- Threatening bodily harm is a police issue.
- Letting your 13 year old son annoy all your neighbors with a dirt bike is a bad parenting issue.

Tell your neighbor you dont want any problems and you are going to tell your son not to drive on the roads anymore. Your sorry for upsetting him. Lets just put it behind us and all get along.

JayP3 (Florida)
Posts: 154

Posted:

Never give into a bully. Defend your rights. Be passive in that you do not incite any escalation and live your life as you are entitled. If the roads are private and there are no restrictions on minors operating such vehicles I would not call you a bad parent.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Even if the road is private, nothing in this thread has indicated whether or not there is an easement allowing others to use the road. If that turns out to be the case, which I suspect it could be, then there likely is no trespass.

Check the deed that applies to the road.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

If the roads are private and there are no restrictions on minors operating such vehicles I would not call you a bad parent.

Letting your 13 year old annoy other neighbors, is bad parenting. Doesn't matter if its loud music, dirt bike, bad manners, etc. Take some responsibility for your child.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Also..... a 13 year old on a dirt bike is not even legal. "Any operator under the age of 14 must be accompanied by a licensed adult over the age of 18"

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