What are a homeowner's rights regrading an HOA easement?
Question Details:I'm a home owner with an easement on my property for others in the community to access a common area located behind my property. I am aware that I may not impede anyone from accessing the common area by constructing anything that would do so. However, the management company that our HOA hired wants to pave the easement without my permission. I still own the property, and paving a 20 ft wide path would decrease my property value as well as stop me from having any use of that portion of land. What are my rights as the property owner?
This is impossible to answer without a reading of your condominium's HOA by-laws and master deed, by a lawyer who is familiar with these types of documents.
It's quite possible that you could be able to prevent this, so I'd recommend finding an attorney as soon as possible. Ordinarily, an easement like this allows use, but only to the extent necessary for the purpose (access, in this case), it doesn't allow the easement holder (the HOA) to take control of the property completely.
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