Were were pleased to be quoted in this recent edition of Community Association Management Insider on the topic of easements encumbering HOA common areas and lots and benefiting the homeowners in the association.
Bottom line: Be careful when granting or receiving an easement. Always state what the intentions of the parties are, and be sure to think about what might be needed in the future so your easement is not too narrow, if you're the one receiving it. On the other hand, if your property is being encumbered by the easement, make sure you are specific as to any limitations involved, or you could end up like the homeowners in the Sea Watch at Kure Beach Homeowners Association case discussed in the article and also in our blog post here.
Read the full Community Association Management Insider article here.
Read our April, 2020 blog post on HOA easements here.
Consider hiring us or an experienced HOA attorney regarding any easement issues.