Reciprocal Easements

Our community in CA was developed in the 1970's. Each side of the street has a HOA owned 4' easement in from the curb for utilities and/or a sidewalk. Homeowners on one side of the street have no sidewalk and maintain the 4' easement area down to the curb. The opposite side has a 4' wide sidewalk that is maintained by the HOA and was granted a reciprocal easement of use by the developer, for all homeowners, tenants and their guests to and from their homes.

Over the years more and more residents have parked their vehicles in their driveway either with the back tires on the sidewalk or the vehicle hanging over their property line obstructing the pedestrian right of way; causing the pedestrian to step into the common area street to keep walking.

The Board started enforcing the association rule of "no parking on the sidewalk" with warnings leading to fines and the push back has been intense. There is a move afoot by two Board members to somehow rename the sidewalks as something else, like a utility easement, so vehicles can park on a driveway on a residential lot blocking the common area sidewalk completely obstructing the pedestrian right of way.

My question is "what impact reciprocal easements have on maintaining the intended use of the sidewalks for pedestrians?" Any other suggestions/comments on the Boards responsibility to enforce the pedestrian right of way along the common area sidewalks?

Thanks in advance.

Bill

I cannot see how blocking a sidewalk can or should be allowed. End of story.

In man locales a sidewalk on at least one side of the street is mandated by local government.

Thanks for the reply. I agree blocking the sidewalk is NOT allowed.

The City doesn't require sidewalks on one side of the street in HOA communities built today, but our community was designed, approved and built with sidewalks in the 1970's.

An FYI:
Reciprocal Easement Agreement (REA)

An agreement that:

Provides for the rights and obligations of multiple owners of real property.

Ensures harmony in the development, operations and maintenance of the affected real property.

An REA can be used for commercial or residential real estate. However, REAs are most commonly used for the development and operation of integrated shopping centers. For example, many times an REA is entered into when a developer and one or more major retailers jointly own all, or portions of, the real property to be developed into the shopping center.

The parties should ensure that they record the REA in the county where the real property is located. Once recorded, the contractual obligations in the REA will "run with the land." That is, the owners and all subsequent owners of all or any portion of the shopping center will be subject to the rights and obligations under the REA.

So basically it is a public street thus subject to local laws. Call the police and ticket those blocking the sidewalk.

Typically HOA's can have tougher restrictions than local laws such as locals allow an 8ft fence but the HOA only allows 4ft fences. HOA rules. Can be the same with street parking. Locals allow it. HOA does not. HOA wins. In the case of local laws saying no blocking sidewalks then the HOA cannot override this.

To make nice I would send a letter saying blocking sidewalks is illegal and the police will be notified of such violations commencing on say 11/15. Give them notice.