Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
‘Hi, my HOA mailed every lake front property owner with a dock a contract to lease the easement for $100 a year. The deed provides “UNDER AND SUBJECT to the free and uninterrupted right, use, liberty, and privilege of all owners” “to ingress, egress, and regress to, and recreational use and enjoyment of” the lake. The shoreline is maintained by the property owners that use them. Many, including our dock, are over 25 years old. Can The HOA demand owners to sign a lease agreement or have the dock removed at the owners expense?’Before you take any action, you should review the applicable documents and point blank (but politely) ask the HOA what they think gives them the authority to do this.
Question: As you’ve described it, it sounds like they are overreaching by requiring a lease payment for the easement. In general, if you have an easement, it is something you own not rent (unless the easement document provides otherwise). However, if they re-characterize the payment as something else-say reimbursement for the added maintenance-it might not be as much of a problem.
