Q: Does a 30 lot subdivision accessed by a private road allow lot owners to use said road only to access their property?
The subdivision is a statutory form of HOA and each lot owner contributes $200 per year for the annual maintenance in accordance with a Road Maintenance Agreement. One member is trying to make a case that lot owners have ingress/egress rights only to their respective property and no further. The road is approximately 2 miles long and is routinely used by lot owners for snowmobiling, ATv and golfcart rides, nature walks and to access ITS trails, etc..
A: The initial answer to your question can likely be found in the homeowners’ association’s governing documents, which contain the rules, regulations, and all other contractual terms that members of the association are bound by. Members of homeowners’ associations have the right to review and copy all the governing documents also known as the official records of the association after written request. You are likely to find any restrictions on the use of the private road in either the Declaration of Covenants, Conditions & Restrictions or the Rules and Regulations, but you should examine all the homeowners’ association’s governing documents. That should be your starting point. Has the member you mention pointed to anything in the homeowners’ association’s governing documents to support her or his position?
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