Developer-controlled "Master" HOA

Anthony,

Usually the common areas are titled in the name of the declarant until such time as transition takes place so he most likely had the right to grant this access. However, if there was no other way to gain access to this adjoining property he may have had no choice in the matter??? What's the objection?

Anthony - as Mary said, your developer may not have had much of a choice. If as you say there was no other way to get access to that adjoining property other than through your development, then it's possible that your developer was required by law to grant that easement. You'll have to check your state laws to be sure, but I know that property access rights can be a touchy subject.

You don't necessarily have to to be a combined association though. Again local laws may vary, but you should be able to come up with a licensing agreement with the other developer where the other development will pay a fair share for road maintenance.

We have a semi-similar situation in my neighborhood with a nearby property owner and water rights. When our neighborhood went in, it resulted in the irrigation water for the other property being cut off. Rather than going through the expense of running a completely separate irrigation line for him, we signed an agreement with that owner where we supply him with water from our irrigation system and he pays an equal share (based on property size) of our water bill. If any repairs or maintenance are needed to the irrigation system he will also pay an equal share of those costs.

I would think that you should be able to come up with a similar agreement with the neighboring community. Any costs for road maintenance would be divided between all owners in both communities. Instead of sending a bill to each owner of the other community though you would just send a bill to their association and let them deal with billing their individual members. Probably best to get with an attorney who knows about local contract law though.