How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118081
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Type Your Real Estate Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I live in a New Hampshire development in which the developer

This answer was rated:

I live in a New Hampshire development in which the developer gave up maintenance of the private gravel road and sold the ownership to a newly formed Road Association. He put a covenant into the deed prohibiting use a motorcycle on the road including legally registered motorcycles (such as Harley Davidson's) and motor homes. Supposedly this is to protect the road from damage, but is commonly known to be to exclude "the wrong element". All other legally registered vehicles are allowed regardless of weight, axles, or load. Is this type of social engineering legal?

Note that the Road Association has no authority of the lots.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

This is the problem with these types of Home or Condo Associations. Unfortunately if the road association was formed over the private road, I am afraid that they can prevent everyone and anyone they choose from using their road and such restrictions are not forbidden by any of the laws I am afraid.

While you call it "social engineering," I am afraid legally as long as it is not discriminatory based on age/race/sex/disability it would not be unlawful for them to do this.

While I understand that the Association has no control over the lots, they do have the right to control the private road and their restrictions could be upheld.

I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Law Educator, Esq. and 6 other Real Estate Law Specialists are ready to help you