Common Area Never Improved - Was not clear it even was common property

All,

I have a question regarding the improvement of an 8.7 common are lot that runs about .5 miles along a creek, with about 150 feet of access on each side before boarding 2 acre homeowner lots to the sides and BLM land at the far end.

Up until I recently I had no idea this property was common property. I thought this to be entirely BLM land. I became a member at large and was recently elected as President when our President quite in a fit of rage and proceeded to move away without accepting any further contact from the board. I never actually met the ex-president, there was no hand-off and I am still working to bring order to the association in the form of running it as a little more formal than a mom and pop shop.

In the articles of incorporation, the DC&R's, and the by-laws there are statements about maintaining common areas and specifically call out this plot and another as common area to be improved.

Does the board have the right to take action to make improvements for use to this property? I assume no general vote has to be made. I believe this would add value to the properties in the association and let many of those that stroll the streets have a more enjoyable walk through a natural area than a paved one.

In talking to long term residents there seems to be little awareness to the use of this area or resistance to the idea of opening up this common use area. When I moved here the article of incorporation indicated hiking and riding and I have now finally located where this activity can be undertaken. It was quite a surprise when I was handed plot maps and started doing research.

Any thoughts on this would be appreciated.

Also note that just because the association owns property, that doesn't necessarily mean you can do what you want with it.

For example, part of the common area that my association owns is deemed "conservation area". A small stream runs through it, surrounded by wetlands (area that is swampy during the rainy season). We are required to leave this area in it's natural state. Check with your local water management and conservation districts before proceeding too far with any plans.

My HOA has the same situation. Ours is called "wetlands" and we can do nothing to it. We also pay no taxes on it.

the BLM property may actually be owned by the HOA

while the HOA may own land, it is possible that some of the land may be 'untouchable'

Thanks Chris for update ... It would be great if your HOA has opportunities and options regarding the property, but just be sure to get majority of owners to be on the same band wagon. Keep in mind that all owners via their HOA membership in essence would own a percentage of any common property and also are the individuals who will be out-of-pocket any money for improvements. That is main reason it is best to get input and votes from your neighbors on how best to proceed.