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Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 5268
Experience:  Licensed to practice before state and federal court
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Tina, I am the owner of property located within a HOA -- The

Customer Question

I am the owner of property located within a HOA -- The Plantation At Ponte Vedra, FL -- and there is a utility easement of five (5) feet across the front of my property. Also located in that easement is a speed limit sign. Recently, the HOA removed the existing sign, replaced it with a smaller speed limit sign and put another sign below the speed limit sign -- a large yellow sign with the words "Share the Road," together with three drawings (a car, a person on a bike and a pedestrian.
Does the HOA have the authority to add this sign without my permission? Does the traffic sign with the definition within a utility easement? What rights do I have in this matter?
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Legal Eagle replied 2 months ago.

Hello! I am a licensed attorney who is admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here to see my ratings information) so all that means is that you can count on me to help today. The answer to your question is no. According to one of my most trusted sources, “Utility easements are strips of land used by utility companies to construct and maintain overhead electric, telephone and cable television lines and underground electric, water, sewer, telephone, and cable television lines.” Generally, utility easements are not inclusive of any kind of signs. Therefore, the HOA is probably going to be violating the terms of the easement. You may want to consider just writing a cease and desist letter to the HOA to explain that they are over using the easement. Lawyers use letters like these on the regular basis to enforce their client’s rights. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation.

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