Q: I live in a private subdivision in Livingston county, Michigan. (Not gated open to the public)..The home owner’s associ
I live in a private subdivision in Livingston county, Michigan. (Not gated open to the public)..The home owner’s association of 3 people elected to place boulders at each corner of the road to impede people from cutting the corners… One of those corners that has 3 large boulders is property that I own. No one asked for my permission nor, would I have given it – I believe this would be a huge liability. Is this correct? I would think life is more important that property.
A:
Do you live in a subdivision or a site condo? (They LOOK the same on the outside -- only the documents differ.) If indeed they voted to place rocks on land YOU own, they can't do that. If they put the rocks on the road right of way, or on "common" property in a site condo, then they not only can, but there is no liability risk specific to you. There MAY be liability to the condo/homeowner association if they placed rocks in such a way as to create something that is unreasonably dangerous.
The bottom line is that without reviewing ALL the documentation (homeowner/condo assn bylaws and articles of organization, the deed restrictions / condo documents and YOUR deed at a minimum) it is impossible to know what if anything you can do or what YOUR individual risks might be.
I'd be happy to review your situation and could then provide a real legal opinion -- please call for an appointment.
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
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