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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41221
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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We have a owners assosiation of 37 houses in a resort communty

Customer Question

We have a owners assosiation of 37 houses in a resort communty with mostly 50ft x 100ft lots. The owners are required to pay an annual $250 fee plus an annual fee $50 for water. The assosiation is owned by the owners and the roads are owned by the assosiation. We have an Owner that refuses to pay his dues or his water bill for the last 4 years. We can possible fill a lean on his property but I don't think We could collect only if He sells his house ( never going to happen). This deliquint Owner owns 1/37 of the road ( maybe a 6 inch strip of the 20foot road. To take legal action against owner will cost more than We can collect. Can We declare He is trespassing on our road or can we blockcade the entrance to His property?
Submitted: 4 years ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 4 years ago.
Thank you for your question. Please permit me to assist you with your concerns.

My apologies but the road is technically owned as a 'common area'. That means that even if he is not paying the dues, as a member of the association he is entitled to utilize the roads to enter or leave the premises. Furthermore public policy dictates that individuals cannot directly block or interfere with anyone's ability to enter their property, and you can neither blockade nor limit his use of the property. However placing a lien and then pursuing a forced sale is a strong possibility. By obtaining a judgment against him, you could force a foreclosure to take place and essentially threaten to sell the property if he fails to pay you what you are entitled to.

Good luck.

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