ThomasM25 (Colorado)
Posts: 3
Posts: 3
Posted:
Old subdivision. 6 (of 70) houses share a private drive that is set up as a Limited Common Area for those houses in the Decs. Other subdivision residents have been using the private drive to access Forest Service land. There is a separate easement for Forest Service access, but it is not as convenient to use.
Multiple years ago, one of the 6 LCA owners said in the annual meeting that is OK for the rest of the subdivision to use the drive.
The HOA is now saying that this access is valid because of the word “invitees” is included in the section of the declarations below.
“Section 2.8 Delegation of Use. Any Owner may delegate, in accordance with the Bylaws, his or her rights of enjoyment to any Limited Common Area, Private Driveway Easement, and Parking Easements appurtenant to his or her Lot or Townhome Unit to the members of his or her family, invitees, tenants, or contract purchasers of his or her Lot or Townhome Unit."
Does this sound right? By this logic, it seems like any owner could make any LCA “public” by just posting in the paper inviting people to use it.
Multiple years ago, one of the 6 LCA owners said in the annual meeting that is OK for the rest of the subdivision to use the drive.
The HOA is now saying that this access is valid because of the word “invitees” is included in the section of the declarations below.
“Section 2.8 Delegation of Use. Any Owner may delegate, in accordance with the Bylaws, his or her rights of enjoyment to any Limited Common Area, Private Driveway Easement, and Parking Easements appurtenant to his or her Lot or Townhome Unit to the members of his or her family, invitees, tenants, or contract purchasers of his or her Lot or Townhome Unit."
Does this sound right? By this logic, it seems like any owner could make any LCA “public” by just posting in the paper inviting people to use it.