HOA rights to easements

[Snevets]

What is the name of your state? California

I live in a homeowners association in California. It is a private gated community of 230 homes. The association maintains the streets. When the association was built 25 years ago there were no "red zones". Several years ago the Board decided to paint common area curbs red in order for the garbage trucks to have better access as the roads are narrow. It was the Boards decision alone. No city or county entity was involved.

Now, five years later, the new Board has decided to sandblast these curbs and paint the other side of the streets curbs red. These curbs would be only on the corner lots in the association which include approx. 32 homes. Those of us who own the corner lots would forever be prevented from parking there according to the Board. Most of us bought these corner lots and paid more for the corner lots expressly for the additional parking.

Please note there are no CC&R's or rules stating anything about red zones. They are not fire lanes. The Boards position is they can do what they want with the curbs because the association is granted an easement.

Can the Board do this? I read on Findlaw, one cannot be denied the use of their property without compensation. If they do it, can we be compensated?

The joy of living in a homeowners association.
(also posted in Neighbors & Boundries in error) First time User

 

[JETX]

Can the Board do this?

Of course they can. After all, they, as the appointed/elected representatives of the OWNER (association) can do anything that they want to do with their property.

I read on Findlaw, one cannot be denied the use of their property without compensation. If they do it, can we be compensated?

Nope. You don't OWN the curbs.... they are 'owned' by HOA.

 

[Snevets]

But what if our property line goes to the center of the street and the easement is for the ingress of and egress only?

Another attorney told me if there are no rules or CC&R's about red curbs...that's just what they are ..red curbs.

It seems you are saying the board can do anything they want if THEY think it is ok.

 

[JETX]

It seems you are saying the board can do anything they want if THEY think it is ok.

Pretty much, yep. The board is the authorized representative of ALL the homeowner members. As such, absent an illegal act, they can make whatever rules they want.
And designating no parking areas (red zones) is within their rights on THEIR (association) property.

 

[HomeGuru]

I agree with JETX.