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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 19471
Experience:  B.A.; M.B.A.; J.D.
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We live in a gated community. It was developed by 3 people,

Customer Question

Hello. We live in a gated community. It was developed by 3 people, who live here. There are 13 houses total. There are two lakes and some houses are on them. The 3 developers live on the upper lake. Recently the daughter-in-law of one of them started a paddle board yoga business on the upper lake. This involves having several cars drive through our "private" gated community to get to the upper lake. We are not happy about this. When they established the property, they carved out an area that was to remain private. It includes the upper lake (we did not know this until recently, even tho we have lived here 10 years. They led us to believe "we're all just one happy family, can use either lake, etc." This is in the declarant we got but our page marking off the private area was missing, and we assumed the private area was just the small utility building. They were honest and upfront about that with us. The declarant does say homeowners can have a commercial business in their home. (The daughter-in-law is not a resident, altho they recently created a trust, so technically she has part ownership. Now they say because the upper lake is private, they can do anything they want up there. But they have to drive through community property to get to their private lake. We are not happy about this. They open the gates during off hours to let the people in, and there are 3 classes a day for 6 days a week (lots of traffic) But the thing we are most mad about is we paid top dollar for a gated community. We don't feel it is a gated community anymore when anyone with $30 can enter our neighborhood and enjoy the park-like atmosphere that we pay to maintain. Question: can they do anything they want on their "private" lake? and do they have to follow the homeowners' rules? They don't think they have to. Thank you.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 1 year ago.

Hello: This is Attorney Phillips. Welcome to Justanswer! I will be assisting you today with your post. I am sorry to read about your difficulties.

I am preparing my response to your post and I will post it very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 1 year ago.

Question: can they do anything they want on their "private" lake?

Response 1: Unfortunately, yes they can.

and do they have to follow the homeowners' rules? They don't think they have to. Thank you.

Response 2: Unfortunately, no. If the area is marked as private, it would not follow the homeowners' rules.

I am sorry that I do not have better news for you.

If you do not have any follow-up question(s), kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this.

Thank you for your cooperation.