Outsider(new development) access to Private road under HOA

Started by DaveR6 • 9 replies • 1350 views

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DaveR6 (Maryland)
Posts: 3

Posted:

I am thinking of buying an undeveloped flag lot. The access easement needs a bridge, will cost a lot (deal breaker).

But, on the other side is a HOA community of 9 homes and a their private road, bordering 75ft or so with this lot. If I can build a driveway there, life gets easier.

How can I legally get access to that private road? (its not gated, anyone can drive on it now)

Can I join their existing HOA? I am willing to pay a upfront membership fee.

Has this happened before? Where to start (I am not yet acquainted with current HOA board or members)?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

What you want to do is not uncommon. You will need legal advice but we have a similar situation. On one side of our HOA are two private, non-HOA homes that get access from our HOA (not private) streets. They were originally accessed via small road that was incorporated into our HOA.

In a prior HOA with private streets, the developer had to allow access to an existing home in order to build the development. The owner pays nothing but he kind of had the HOA over a barrel as he was there first.

I believe you could make an arrangement with the HOA if you approach them nicely and would be willing to pay a one time or yearly access fee and accept all responsibility for your road/driveway off of their street.

FredS7 (Arizona)
Posts: 927

Posted:

You would need an agreement with the HOA which might or might not be forthcoming under reasonable terms.

You would probably need to cross some property deeded to the HOA. If I was in the HOA, I would just say no on the grounds that it would be complicated. And complicated means expensive (lawyers, at minimum).

DaveR6 (Maryland)
Posts: 3

Posted:

Thank you very much responses.

Clarification: On survey map, the private road easement runs over 75ft right next to lot (share line) and if I put in a drive way, won't cross any property. Private road easement to this lot.

GuyM1 (Ohio)
Posts: 318

Posted:

In one HOA they sold a plot of land to the owner which made them part of the Association which then they paid the dues. Now the thing is you must obey their bylaws on that piece of the land. The thing I'll tell you is read the Declaration and the bylaws before and ask questions so you totally understand what your getting into.

GuyM1 (Ohio)
Posts: 318

Posted:

Also if they have amenities like a pool or tennis courts you would be able to use them.

GuyM1 (Ohio)
Posts: 318

Posted:

Also try and get the smallest piece for tax purposes. But they may only want to sell a lot. You did say this is a new development and if it is you may need to go to the Builder and buy a lot. And they will make you do landscaping to blend in the the community so it doesn't look like an empty lot. Good luck

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By DaveR6 on 10/18/2017 7:11 PM
Thank you very much responses.

Clarification: On survey map, the private road easement runs over 75ft right next to lot (share line) and if I put in a drive way, won't cross any property. Private road easement to this lot.

Properties cannot be land locked and any owner must have access to their property via any easements. If you have access without crossing any property line with the HOA ... IMO I would NOT subject your property to any HOA.

DaveR6 (Maryland)
Posts: 3

Posted:

Clarification: This is not a land locked lot. It is a flag lot, whose current access easement passes over a protected creek, hence needs a bridge. I am trying to get access via other side of lot, which is adjacent to a HOA private road. (I tried uploading image, but couldn't). HOA was established 20+yrs ago and this lot is neither part of HOA, nor connected to it's developer.

I got some history of HOA that I am supposed to talk to. In past, developers have approached HOA and they (president) have already no to access request from HOA's private road. I don't know terms of offer/approach.

I can try again by sweetening the offer.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I would discuss the situation with the county or city's street department. Find out what the rules are for private versus public. Private roads may still need to offer some public access due to emergency vehicles or postal routes. Assuming private terms and laws may be a mistake here. Seek clarification.

Former HOA President

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