JohnP9 (North Carolina)
Posts: 16
Posts: 16
Posted:
Background:
We are a POA of 140 lots in North Carolina, 72 of these lots are developed,(Homes Built). We are in a gated community that has an not for profit corp. As let's say an umbrella Assoc. This umbrella Assoc. consists of 19 POA's. The 19 POA's came together to form this Assoc. as a VOLUNTARY association. They are responsible for maintaining the main road in and out of the community and the security guards and common property at the entrance. The roads within each POA are owned and maintained by the individual POAs.
There is now a growing movement by some residents in my community to leave this Assoc. Due primarily to the spending habits of this Assoc. They say that because our joining was voluntary we have the right to leave it, (Assuming the majority of our property owners approve). Now some of the other residents, (Whanna be lawyers, I call them), say that if we do, we would be denied access to our property. As they control the gate and main road. Others say we can access our property, we just won't be allowed to drive our cars in. I have located a DEED OF EASEMENT AND AGREEMENT CONCERNING ROADS dated 1995. It states under the heading "Grant of Easement" "The Grantor (Umbrella Assoc.) hereby gives, grants and conveys to the Grantees, (POAs) their successors and assigns, and to the Lot Owners, their invitees and licenensees, a non-exclusive easement for ingress, egress and regress over the following two tracts of property:" It then goes on to describe the entrance and main road.
So, my questions are this, Do we have a right to leave? and if we do, Can they prevent us from driving on their road? What is a "non-exclusive easement"?
Thank you in advance.
We are a POA of 140 lots in North Carolina, 72 of these lots are developed,(Homes Built). We are in a gated community that has an not for profit corp. As let's say an umbrella Assoc. This umbrella Assoc. consists of 19 POA's. The 19 POA's came together to form this Assoc. as a VOLUNTARY association. They are responsible for maintaining the main road in and out of the community and the security guards and common property at the entrance. The roads within each POA are owned and maintained by the individual POAs.
There is now a growing movement by some residents in my community to leave this Assoc. Due primarily to the spending habits of this Assoc. They say that because our joining was voluntary we have the right to leave it, (Assuming the majority of our property owners approve). Now some of the other residents, (Whanna be lawyers, I call them), say that if we do, we would be denied access to our property. As they control the gate and main road. Others say we can access our property, we just won't be allowed to drive our cars in. I have located a DEED OF EASEMENT AND AGREEMENT CONCERNING ROADS dated 1995. It states under the heading "Grant of Easement" "The Grantor (Umbrella Assoc.) hereby gives, grants and conveys to the Grantees, (POAs) their successors and assigns, and to the Lot Owners, their invitees and licenensees, a non-exclusive easement for ingress, egress and regress over the following two tracts of property:" It then goes on to describe the entrance and main road.
So, my questions are this, Do we have a right to leave? and if we do, Can they prevent us from driving on their road? What is a "non-exclusive easement"?
Thank you in advance.