Legal Question in Real Estate Law in Virginia

Public Access in a HOA
I live in a homeowners association area which has public access to the water. The original deed of the area shows public access to the water between 2 privately owned properties. Acutally it shows the access as a street. One of the property owners adjoining the access which also happens to be president of the association claims that it is his due to the fact he has blocked off the access and has maintained it for 6 years. My question is with him being president of the association should'nt he and the assoc. be maintaining the access anyway. Does he have the right to block off the access and claim that it is his?

Asked on 5/02/03, 6:30 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: Public Access in a HOA

Merely because one of the owners of property

adjacent to the public access route is, also, the

president of the HOA, would not require him on those grounds alone to maintain the access.

The real question is what the deed(s) require and

allow for with respect to this public access easement, if in fact that is what is.

Nevertheless, if the president of the HOA is claiming a right to block the public access, I would think that the various members of the HOA

would want to see this as an item on the agenda for discussion at the very next meeting of the HOA.

Answered on 5/03/03, 10:36 am

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