HOA and Road Easement

Started by AlanH2 • 6 replies • 1518 views

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AlanH2 (Colorado)
Posts: 30

Posted:

Hi,

I have a quick question. Over a year ago I purchased an easement for a road from my neighbor who is in an HOA that is adjacent to my rural property. I am not in the HOA. I built the road and have been using it for the past year. There was nothing in the HOA covenants either addressing or prohibiting easements. Now the HOA is trying to change the covenants to prohibit easements. My question is if this
change passes can the new covenant prohibiting easements affect my easement
recorded over a year ago?

Thanks,
Alan

Colorado

MicheleD (Kentucky)
Posts: 4,491

Posted:

Alan, I have no idea and won't be much help, but I am taking this opportunity to let you know that our HOA was approached to do the very same thing and our documents indicate that we cannot sell any portion of common area. We cannot even lease an easement. Good luck.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

Alan: Not sure we understand how you 'purchased the easement for a road from your neighbor who is in HOA'.

Did you purchase from the developer of the HOA or the individual who owned the land?
What legal transaction took place at the time of your purchase of land?

It would seem the local municipal office may have official record via the developer and perhaps they can offer you some advice.

AlanH2 (Colorado)
Posts: 30

Posted:

Hi,

I purchased an easement from a land owner in the HOA. The HOA says
the land owner did not have the right to sell it to me. Nothing in
the HOA covenants addresses easements. The HOA is now changing the covenants
to say that easements are not allowed. My question is can the new covenant
apply to my existing recorded reasement.

Thank,
Alan

BradD2 (Florida)
Posts: 418

Posted:

I don't believe so. It would only affect future easements as the one you had was "legal" at the time of the sale.

AlanH2 (Colorado)
Posts: 30

Posted:

Hi,

One other note. The HOA has now filed a lawsuit against me (not served yet)saying I don't have a right to use their roads in the HOA even though they
are open to public access. Seems they want to play hard ball with me.

Any thoughts?

Thanks,
Alan

HaroldS1 (Arizona)
Posts: 314

Posted:

Sounds like a bunch of sour grapes. How can they restrict one person from using their public roads? Do you need to access their roads to get to your easement? How are they going to do this? Volunteers to monitor the road 24 hours a day? Even if they do "catch" you, what is their recourse? You aren't a member. They can't fine you or lien your property. Sounds like a middle finger response to me. Harold

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