What is the authority and rights of a homeowners associationsregarding aroadway easement?

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What is the authority and rights of a homeowners associationsregarding aroadway easement?

We are on a shared, private road. There are about 12 homes that share the road; 6 of them have been there for many years. The other 6 lots were, at 1 time, owned by 1 family. They sold each lot and provided covenants. The covenants required that the owners of the 6 lots form a Homeowners Association, which we did. 1 of the board members believes that she can force the other users of the gravel road to pay “user fees” to the other, longtime users of the road because she wrote up “agreements” for them. Is this legal? Is the “agreement” a legal, binding document?

Asked on October 19, 2010 under Real Estate Law, Washington

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Can she drawup "agreements" and bind the association? What are the rules and the by-laws of the association?  Do you have any?  Then read them and figure out if she has any authority here and if you do not think so, I would challenge her and quickly.  I would get in touch with an attorney here and make sure that this HOA is set up properly and that it has the authority to do anything with regard to the other 6 lot owners.  I would say not but all those covnenants need to be read as well.  And really consider not allowing her much authority here.   It is obviously going to her head.  Good luck. 


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