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.
‘I share a common road easement with about fifty neighbors. Our road association has recently posted a sign that states: PRIVATE ROAD; SUBJECT TO CLOSURE WITHOUT NOTICE 1 MILE AHEAD; NO PUBLIC ACCESS. USE OF THIS ROAD IS LIMITED TO DEED HOLDERS, THEIR AGENTS, GOV’T, UTILITY & DELIVERY SERVICES. TRAFFIC CAN BE STOPPED & TURNED AROUND IF THESE REQUIREMENTS ARE NOT MET. The board made the decision to make the sign without informing the property owners and it doesn’t include guests. They say they are going to change that and they are going to set up check points to stop traffic on the road to find out if these requirements are met. Can they use association funds for the sign when the stated purpose of their action is to prevent vandalism and theft? Isn’t that is outside of the scope of the association. They also widened the road last year for fire protection and have admittedly confronted “intruders” with guns and not reported it to the police. What are our rights? Has our board exceeded their authority? Is the wording of this sign legal? Can they stop us on our easement to check to see if we have met the requirements to their satisfaction?’
Question: The answers to your questions can hopefully be found in the document(s) which created the association. Unfortunately, like a homeowner’s association, these rights may not be easy to enforce short of a lawsuit-and possibly not so easy then.
