Common Area/Bike Path

Good Morning, I'm new to the site but looking for some assistance. We have a resident who has called the police on members of the community for using the common area of the pond as well as the bike path. There's no dispute the resident owns the land, however with the easements and designations who can utilize this area is in question. The builder/developer has been little help and we're currently having it reviewed but I was hoping someone here might also be able to shed some light or offer questions/feedback. Our neighborhood has 2 ponds but only one is in question. The other doesn't have any common area marked on the plot plan. The one in question has drainage easement/common area and the bike path is just marked easement/bike path within a landscape easement. I had the local police come out to ask make them aware of the situation and show them the documents to ask if they would present a trespassing ticket. They told me it was a civil matter and not a criminal but if someone is asked to leave they should. Our community is within Ohio. Thanks in advance!

Our deed states that the association shall be required to maintain the common areas in our community. We pay for all of the pond maintenance and landscaping (mowing, ect) Common property is defined within that as all real and personal property now or hereafter acquired, pursuant to this declaration or otherwise, and owned by the association for the common use and the enjoyment of the owners, or if not owned by the association, real or personal property for the maintenance of which the association is responsible under the terms of this declaration, applicable zoning regulations, or any other agreement or instrument to the terms of which the association is bound.

Use of Common Property: Any common property may be used only in accordance with the purposes for which it is intended and for any reasonable purposes incidental to the residential use of a lot. All uses of the common property shall benefit or promote the heath, safety, welfare, convenience, comfort, recreation and enjoyment of the owners and occupants, and shall comply with the provisions of this declaration, the laws of the state, and the rules.

Easement if access and enjoyment over common property: every owner shall have the right and easement (in common with all other owners) of enjoyment in, over and upon the common property (if any), and a right of access to and from his/her lot, which rights shall be appurtenant to, and shall pass with the title to, his/her lot, subject to the terms and limitations set forth in this declaration, subject to the rules. An owner may delegate his/her rights of access and enjoyment to family members, occupants, guests and invitees. All such easements are limited by such restrictions as may apply to the common property affected thereby, and no person shall have the right by virtue of such easements to engage in activities on the common property which are not permitted according to these restrictions, pursuant to the provisions of any applicable plat(s) or under agreements with any governmental entities or other third parties.

The special easement areas may be parts of individual lots instead of common property. In such cases, the owner(s) of the lot(s) affected by the special easement(s) shall be and remain responsible for the ordinary care and maintenance of the special easement area.

There's more regarding common property I can post but this looks like enough for now. Thanks again!

I think you need to pull the deed on that individuals property and see what the easement is for (based on their deed).

If it's a drainage easement, then the Association may only access to repair drainage issues.

If it's an ingress/egress easement, then the bike path would be acceptable (sort of like a sidewalk).

The language in the easement paperwork is what matters.

simple



access to the common area around the 'lake' via THEIR OWN lot only

NOT a 'short cut' across another owner's lot

The builder also told me regarding the sidewalks that it was recorded wrong initially and I should get with the county engineer as he has intimate knowledge on that. He said the bike path was recorded separately but I cannot find it online. The developer said the intended use of the bike path was for the community and it should show a bike path easement in the right away of the road. I told him it did not and showed only a "bike path" within a landscape easement. He asked me to send him the documents which I have. The city zoning inspector advised based on the auditors site the bike path is within his property line and it's a civil matter and to hire a professional.

Because of what you stated as I noted in Bold above I would contend the following you posted in your OP would apply:

The special easement areas may be parts of individual lots instead of common property. In such cases, the owner(s) of the lot(s) affected by the special easement(s) shall be and remain responsible for the ordinary care and maintenance of the special easement area.

Potentially the BOD needs to inform the homeowner that in the past they have erroneously been maintaining his easement and effective immediately said responsibility will be his in the future. LOL ... Owner is going to potentially wish had not opened a can of worms. Just think this will lower your maintenance costs and maybe your future assessments .