HOA common area

Here is the problem. A resident has put horse shoe pits on HOA common area which abutts his property. He says it is an easement and he has the right to it. The HOA has had the area surveyed twice. HOA pays insurance and taxes on it. Our insurance is going to go up now because of his horseshoe pit. Right now, our insurance is unaware of the pit. He will not move it, even after a letter from our attorney. He wants to pay the increase in insurance. Is there a way to legally make him pay the extra insurance? Also, will that re-inforce his claim to domain for that strip of land if he does pay the insurance? Our attorney suggested putting up a fence. We cannot afford to do this at this time. Any suggestions? Thanks!

If the land technically belongs to the HOA then no, I would not advise that the HOA allow him to keep the pit and pay the extra insurance. You can still be sued in the event of injury and/or death.

Not only that, will the HOA also be willing to grant other homeowners with easements the same right- to do whatever they want on the easement and pay for any extra insurance?

Jeeze Louise, it's not that complicated. The land belongs to all homeowners and while he may have an easement to cross it, he doesn't have the right to build or improve on it. Give him X number of days to remove it or the HOA will remove it and bill him for it. Read your CC&R's, I'm sure they contain language giving you the right.

It may be very complicated and that is why I asked to know just what is stated in the easement that this member relies on. I would not jump to any conclusions without knowing what is granted in that easement.

My question is why is it assumed this will make the insurance rise? Can you explain that? Don't recall insurance working like that. Unless there's something in your policy unusual. I asked about adding a park with playground equipment to our insurer. They said it wouldn't effect our rates or coverage at all. So am I to assume this is an assumption?

That's a question for your attorney.


Possibly


Sounds like your attorney may know the answers to the above questions.
You would have to check with local laws/codes to see if a fence in the easement area would be allowed.


Are you sure the insurance will go up?

My understanding of easements is that the property actually belongs to person A but person B has a right to use that property for x purpose. Person B also has a right to remove items (fences for example) it if prevents person B from using it for x purpose.

So, is it truly common area or an easement?