I Suspect My HOA is Misappropriating Funds. What Are My Rights?

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‘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?’

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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.

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Author: House Attorney

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