Legal Question in Real Estate Law in California
Barn ''revoked''
Several months ago my HOA approved a barn on the lower part of my property. I am unable to access this part of my property from the upper portion as it is too steep. After receiving approval from the ACC for the barn I met with the President of the HOA gave him a copy of the Davis-Sterling 1361.5 states �an association may not deny an owner or occupant physical access to his or her separate interest, either by restricting access through the common areas to the owner�s separate interest, or by restricting access solely to the owner�s separate interest.� The President was also on the ACC told me to go ahead with a gravel access road across common area. I installed the road to the dismay of some other homeowners. The board approved the road and later back tracked saying they didn't vote on the road. I made a formal request for access (non-exclusive) in executive session, and explained I had a prescriptive easement (19 years of access) no response. I was not on the agenda at the following board meeting in which they ''revoked'' the barn approval and denied access.
1 Answer from Attorneys
Re: Barn ''revoked''
You certainly may have a prescriptive easement but there are many issues involved in your case. If you're trying to determine what your rights are and what course of action if appropriate, you'll need a thorough consultation with an attorney. We can do this for you. In any event, good luck.
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