Can board grant easement on common area

I don't know if this helps – but our CC&R's have two amendments regarding easements. The second one was almost 5 years after the development was started.

the power but not the duty to grant and convey to any Person
easements, licenses or rights-of-way in, on, over or under the Master Common Area and fee title
to parcels or strips of land which comprise a portion of the Master Common Area for purposes
consistent with the terms of this Master Declaration, including without limitation constructing,
installing, erecting, operating, maintaining or conducting thereon, therein and thereunder:
(i) roads, streets, walks, trails, driveways, parkways, landscaping, park areas, open space areas
and slope areas; (ii) underground lines, cables, wires, conduits, or other devices for the
transmission of power or signals for lighting, heating, television, telephone and other similar
purposes; {iii) sewers, storm water drains, retention basins and pipes, water systems, sprinkling
systems, water, heating and gas lines or pipes; or (iv) similar Improvements, facilities or uses
inconsistent with the use of such property pursuant to this Master Declaration

If the non-HOA-member land owner has been using the main road for some 30+ years, then regardless of whether the easement was properly granted, the "prescriptive easement" rule (court made or possibly in statutes) may play a role. The D-S site has some chatter on this.

Do the Declaration or bylaws expressly state the above? E.g. do the governing documents have wording like "The board shall not convey an interest in common area." Or are the governing documents silent on the point?

If I were an owner at this HOA and the board was going around saying the board has the right to grant non-exclusive use easements to non-members, I would be asking the board for proof of this and be considering retaining counsel at some point. This is due to --

-- General reading over the years of case law, statutes and governing documents regarding the limits on board powers.

-- knowing that plats are a part of a HOA's governing documents (the Declaration, typically) and so would require an owners' vote to amend. One hundred percent consent might very well be necessary.

-- knowing that added traffic on a road means more road maintenance. Meaning the board thinks it can just force owners to support this additional maintenance financially.

-- Loss of some peace and enjoyment of my lot. More traffic = more noise and more hassle.

-- Those developers looking to develop land in your area will be sharks, with a city council or county commission that is largely on their side, and with a well-paid, well-qualified attorney working for them. This is from direct experience and much reading on land use and how it is set up in statutes and ordinances to favor developing and "growing" the local economy (in the short term, I say).

Does the Declaration speak to any specific easements? I would be looking in the exhibits at the end of the declaration in particular. If the Declaration does speak to specific easements, then this again argues that adding easements today or in the future would require an amendment to the declaration and so a vote of the owners.

Watch out for city councils and county commissions being disinterested in any dispute between owners and the board. Municipalities and counties want development and will IMO run roughshod over HOA owners' rights. Firing a shot across the bow of the board sooner rather than later might be best.

I think the above is a powerful argument.

This board seems to be eager to assist developers today. I wonder why.

Terri

Nobody is going to buy that property without proper access. They will sort this all out prior to buying so at this time I say wait and see what happens.

If the Board grants an easement don't they specify what the easement is to be used for? ie drainage easement, sewer easement, roadway easement or whatever they may have called it easement.

And if that is the case, would they need additional permission to install a sewer line in a sewer easement or a road on a roadway easement?

So I guess what I am getting at - what is the easement for?

Can I ask how this personally effects you? Are you going to sue if your opinion is not supported by the actions your HOA board takes? What is the result going to effect either way?

Okay and? You arming for an excuse to sue the board for whatever they decide?

And you undoubtedly were a pathetic board president who believed the president could do no wrong and any scumbag member never had a valid reason to object to your actions.

Oh I think I have provided the perfect answer to your dilemma... Just needed to read your words to reveal them... Your welcome.

Go get your lawyer to fight something that has no bearing on your life. Just another excuse to sue your HOA instead of doing the work. People must live how you enforce your will by all these easy lawsuits versus doing the job...

4505. Says there is an easement appurtenant to each separate interest and the common area is subject to them. So the board gave away a property right for free that all the rest of us have to pay for.

CIVIL CODE SECTION 4505. RIGHTS OF INGRESS AND EGRESS.
Unless the declaration otherwise provides:

(a) In a community apartment project and condominium project, and in those planned developments with common area owned in common by the owners of the separate interests, there are appurtenant to each separate interest nonexclusive rights of ingress, egress, and support, if necessary, through the common area. The common area is subject to these rights.

(b) In a stock cooperative, and in a planned development with common area owned by the association, there is an easement for ingress, egress, and support, if necessary, appurtenant to each separate interest. The common area is subject to these easements.

Answer the question.

Increased traffic, meaning increased noise and increased hassle. Higher assessment to pay for the greater maintenance needs of a road now seeing increased traffic.

I typed the paragraph but it disappeared. Anyway e resolution recorded with the easement states the only reason the board granted the easement is because they wanted to see a vineyard on the 220 acres rather than the developments previously approved but abandoned.

It's a dirt road - our ONLY alternate egress in case of fire in a high fire danger area.

If a development goes in, our membership would have to approve paved road construction.

If a development goes in, it would severely overburden the easement.

If a development goes in, it will drastically change the desirability of our neighborhood.

But my only question was - did the board have the independent authority to grant the easement and I think not. Let's not make it worse.

How much traffic to a 200 acre vineyard? How much traffic to a 200 acre housing development? No difference? Are you joking?

Are you that dense?
I don't share your obsession with lawsuits.
Go feed your anger elsewhere.

You are being nonsensical.

No, as usual, you are ignoring a great deal.

Granting easements to non-HOA owners, where easements did not previously exist or where the land use has changed from agricultural to dense residential is a big deal. Liability for improper maintenance of the roads rises enormously. Any desire by the board to, for one, pave the road represents a desire to spend hundreds of thousands of dollars, at least, which owners did not agree to when they bought.

What the governing documents say may very well justify lawyering up here. Especially since this board appears to have a reputation of ignorance of both its governing documents and California statutes.

Melissa, read the thread. From above:The OP has asked general questions about whether the board can (1) on its own grant easements on roads in the future; and (2) pave, add sidewalks or add curves without owners' approval.

You are on record time and again for oppressing legitimate owner concerns, of grave import and with a clear basis in the governing documents and state law. Your posts to this thread are the usual circle of nonsense.

I want to make sure if the property is bought for development and the membership does vote to allow development of the road that we are well compensated with conditions and $$$ for sacrificing the purpose of granting the easement (allowing development instead of vineyard), for obstructing our fire exit, and for overburdening the easement. No more giveaways.

It should be noted the money would NOT be going to any individual owners. It would go to the NON profit corporation of which you are a member. The tax of any sale profit would have to be paid by the HOA of which you and your neighbors pay.

So did you think the profit would go into your pockets individually? Or did you think the board would get it? That why going to sue? We know your going to sue for something. Just say for what already

Yes. I was going with you. Knew could get the truth out of you eventually what you wanted. Trying to find legal options to take to a lawyer ...

Waste of time trying to help someone who has goals only to help themselves and not the community. No wonder your HOA only pays attention to you when you sue.

Loser...

I am not pro HOA. I just live in one.