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Wehve owned our home for over 40 years, the original owners.

We live on a lake...
Wehve owned our home for over 40 years, the original owners. We live on a lake front. 17 years after we built our home, a second subdivions was built, off the lake. In order to acquire lake front access, the second subdivion homeowners formed an association. They have gone in debt to purchase property to allow them lake access. Now they are trying to force association membership upon the lakefront owners in order to acquire revenue to pay off their debt. Can they win their case?? There is nothing in the title or deed to our property regarding as association, as there was no association at the time we bilt our home and our section of the subdivion was built.
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Answered in 10 minutes by:
4/27/2013
Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31,796
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question.

Generally, this cannot happen. Restrictive covenants, conditions, association membership, etc. cannot be added as a restriction on property ownership or as a mandatory requirement for property ownership AFTER the property has been purchased.

instead, any membership in any post-purchase association would have to be completely VOLUNTARY. This new association cannot force you to join a new association that was not in existence at the time of your purchase and that was not a condition on your purchase.
Roger
Roger, Attorney
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Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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