What is the name of your state (only U.S. law)? Pennsylvania
I am a new member of a land-locked COA that has an easement with a neighboring COA. Both communities were originally one but have since became separate entities. The original community had amenities including a pool and a clubhouse. When the communities split, the land-locked COA was granted an easement to access the pool and clubhouse that exists on the other COAs property. My COA is expected to pay a proportionate amount of the expense to maintain this area of the property but have no ownership rights or decision making power. However due to vandalism/neglect/mismanagement the clubhouse has been essentially non-functional for several years and now requires over a hundred thousand in repairs to bring it up to code. The neighboring COA claims it cannot afford to make repairs yet continues to bill my COA as a shared expense. At this point the clubhouse is viewed by my community as a liability - it is not used by the community at all - and the popular belief is that it should be demolished. The neighboring community however prefers to maintain the status quo if no reason other than they use it for their monthly COA meetings. Is there any possible way my COA can legally untangle ourselves from this situation? It does not seem right or fair to residents to have to continue to pay for something that they do not use, is not on community property and have no power to determine how the money should be used. Additionally, if extreme damage were to result from the neglect, our COA would still be responsible for a proportionate share of the cost. Help!!
I am a new member of a land-locked COA that has an easement with a neighboring COA. Both communities were originally one but have since became separate entities. The original community had amenities including a pool and a clubhouse. When the communities split, the land-locked COA was granted an easement to access the pool and clubhouse that exists on the other COAs property. My COA is expected to pay a proportionate amount of the expense to maintain this area of the property but have no ownership rights or decision making power. However due to vandalism/neglect/mismanagement the clubhouse has been essentially non-functional for several years and now requires over a hundred thousand in repairs to bring it up to code. The neighboring COA claims it cannot afford to make repairs yet continues to bill my COA as a shared expense. At this point the clubhouse is viewed by my community as a liability - it is not used by the community at all - and the popular belief is that it should be demolished. The neighboring community however prefers to maintain the status quo if no reason other than they use it for their monthly COA meetings. Is there any possible way my COA can legally untangle ourselves from this situation? It does not seem right or fair to residents to have to continue to pay for something that they do not use, is not on community property and have no power to determine how the money should be used. Additionally, if extreme damage were to result from the neglect, our COA would still be responsible for a proportionate share of the cost. Help!!
