CriA
Posts: 4
Posts: 4
Posted:
Good day all, I hope that whoever's reads this is doing great! Thank you for your time!
My family has lived in our community 13 yrs. Last year a new home owner bought a house on the corner of our subdivision which spans over 5 acres(5acres are wetlands and is a no construction zone on recorded plat) and has river frontage property.
The new homeowner came by our house while we weren't home and snow plowed our driveway, but later came by to introduce himself.
2weeks later my husband along with his Veteran friends(2 who had service dogs not on a leash) were coming off new neighbors property where there is an easement located on the plat and has been used as such since the subdivision was established. The new homeowner told my husband that he has to get permission to fish HIS river and threatened my husband he would call police for trespassing.
THEN, the neighbor put fencing up around his property blocking the easement from the road to the river, blocked the river easement also and put no trespassing/no river access/private property signs everywhere.
My family and I still walked the river trail, he a d his wife came out recording us and taking pictures.
Sheriff was called that we were trespassing, but sheriff did not file report.
A game and fish officer came out, had him remove the signs along the river.
New homeowner then created a mulched pathway away from his garage, where easement is located, to the river. We were okay with that.
Then BOD comes over unannounced and says homeowner wants a signed release/waiver and to charge a fee to access new trail.
We say not necessary.
1we later, trail is raked up, fencing blocks area and he built his fence longer to block all easements across his property.
We attend board meeting awhile later to discuss this issue, meanwhile I have been communication with County Land Use and reviewing documents and play.
BOD acknowledges the walking easement but says Army Corp approved the garage structure, but the garage sits on top of the easement, therefore it doesn't exist and since the new homeowners have bought the property, the easement has been eliminated. (They had the plat map on the table, the easement outlined in red)
Skipping a lot of detail (like how I found out the garage was not legally permitted by the Army Corp and is in violation), the County Land Use dept issued a letter stating that the easement from the road to the river, is indeed a walking easement that is a public easement and needed to be opened immediately. Victory!! I also gathered statements from long term residents who have lived in the subdivision for 30yrs who used that easement to get to the river.
Our BOD issued a premature letter full of false info, that they are rejecting the County decision and leaving it closed and will not consider anew access point.
To fill you in a bit more, we posted the board meeting we attended, onto YouTube and forwarded it to community members. The board made themselves look ridiculous. We also notified our local paper, in which they published the story on their front page w/ the photo of the trail raked up and fenced off.
The board has become hostile to us, so much that I had to report it to sheriff. Also, the board continued to lie to members about the situation all the while making false accusations about my husband and I.
The finale (not really), we have annual meeting. The board says no recording of any kind. While an elderly man is speaking in disagreement about the certified letter the board sent out on their easement decision, one of the board members comes away from their seat to wrestle the microphone from the elder man. A commotion occurs, my husband grabs phone to record assault. The board member then goes after my husband, the recording shuts off when my husband has to defend himself.
So.. I feel the board is not with in their authority to allow the easement to be closed. (The new homeowner has a tractor and does favors for the board, they are buddies)
They have limited even more of the easements now that this has come up. 2 BOD have river property and since the County meeting, the board has put stakes out to restrict walking. Where there should be 8-10ft they have at 3ft in some areas.
Everything is documented and recorded. We are a young family, my neighbors across from me are in there late 80's and early 90's who also wrote a statement that they have used that easement for over 30yrs. The neighbor behind me is disabled.
There is a lot more horrible stuff that our board has done this last year, but this is the main one.
I would love to hear from experienced HOA members, and from those that can be helpful. I'm looking at all perspectives, have gone to all agencies but inevitably might have to hire a lawyer.
Since we are a young family, elders and disabled neighbors fighting this, it is my hope that we won't have to be the ones paying against the wealthier neighbor or rogue board...
My family has lived in our community 13 yrs. Last year a new home owner bought a house on the corner of our subdivision which spans over 5 acres(5acres are wetlands and is a no construction zone on recorded plat) and has river frontage property.
The new homeowner came by our house while we weren't home and snow plowed our driveway, but later came by to introduce himself.
2weeks later my husband along with his Veteran friends(2 who had service dogs not on a leash) were coming off new neighbors property where there is an easement located on the plat and has been used as such since the subdivision was established. The new homeowner told my husband that he has to get permission to fish HIS river and threatened my husband he would call police for trespassing.
THEN, the neighbor put fencing up around his property blocking the easement from the road to the river, blocked the river easement also and put no trespassing/no river access/private property signs everywhere.
My family and I still walked the river trail, he a d his wife came out recording us and taking pictures.
Sheriff was called that we were trespassing, but sheriff did not file report.
A game and fish officer came out, had him remove the signs along the river.
New homeowner then created a mulched pathway away from his garage, where easement is located, to the river. We were okay with that.
Then BOD comes over unannounced and says homeowner wants a signed release/waiver and to charge a fee to access new trail.
We say not necessary.
1we later, trail is raked up, fencing blocks area and he built his fence longer to block all easements across his property.
We attend board meeting awhile later to discuss this issue, meanwhile I have been communication with County Land Use and reviewing documents and play.
BOD acknowledges the walking easement but says Army Corp approved the garage structure, but the garage sits on top of the easement, therefore it doesn't exist and since the new homeowners have bought the property, the easement has been eliminated. (They had the plat map on the table, the easement outlined in red)
Skipping a lot of detail (like how I found out the garage was not legally permitted by the Army Corp and is in violation), the County Land Use dept issued a letter stating that the easement from the road to the river, is indeed a walking easement that is a public easement and needed to be opened immediately. Victory!! I also gathered statements from long term residents who have lived in the subdivision for 30yrs who used that easement to get to the river.
Our BOD issued a premature letter full of false info, that they are rejecting the County decision and leaving it closed and will not consider anew access point.
To fill you in a bit more, we posted the board meeting we attended, onto YouTube and forwarded it to community members. The board made themselves look ridiculous. We also notified our local paper, in which they published the story on their front page w/ the photo of the trail raked up and fenced off.
The board has become hostile to us, so much that I had to report it to sheriff. Also, the board continued to lie to members about the situation all the while making false accusations about my husband and I.
The finale (not really), we have annual meeting. The board says no recording of any kind. While an elderly man is speaking in disagreement about the certified letter the board sent out on their easement decision, one of the board members comes away from their seat to wrestle the microphone from the elder man. A commotion occurs, my husband grabs phone to record assault. The board member then goes after my husband, the recording shuts off when my husband has to defend himself.
So.. I feel the board is not with in their authority to allow the easement to be closed. (The new homeowner has a tractor and does favors for the board, they are buddies)
They have limited even more of the easements now that this has come up. 2 BOD have river property and since the County meeting, the board has put stakes out to restrict walking. Where there should be 8-10ft they have at 3ft in some areas.
Everything is documented and recorded. We are a young family, my neighbors across from me are in there late 80's and early 90's who also wrote a statement that they have used that easement for over 30yrs. The neighbor behind me is disabled.
There is a lot more horrible stuff that our board has done this last year, but this is the main one.
I would love to hear from experienced HOA members, and from those that can be helpful. I'm looking at all perspectives, have gone to all agencies but inevitably might have to hire a lawyer.
Since we are a young family, elders and disabled neighbors fighting this, it is my hope that we won't have to be the ones paying against the wealthier neighbor or rogue board...