Legal Question in Real Estate Law in California

Re: Easements

I cannot offer any different advice, nor improve on the answer of my colleague, Mr.Shers.

Also, the courts are very reluctant to step into the midst of a CC&R argument.

My suggestion is to follow Mr. Shers' advice.

Re: Easements

You can probably file suit to enforce your rights regarding the easement on the now-blocked road assuming that you are one of the intended beneficiaries of the easements.

However, you should be aware that such lawsuits tend to get expensive very quickly.

You should consult with a local attorney, have them review the documentation (CC&R's, etc) and discuss your options and rights.

Re: Easements

I assume the arbitration was not binding. There is a binding contract between the property owners and the assoication; I would have to look at the actual written agreement to see who is allowed to enforce the agreement and how clear it is as to what everyone's rights are as to unburdened usage of the roads. If your Board of Directors is not willing to do anything, contact the members of the association to see if a majority are willing to act with you; if you are members of a Condo Association, they might be able to give you free legal advise. Check to see if you can recall the current Board members who are not willing to do anything and if you can, tell them at the next meeting that is what you intend to do because of their inaction. Can you negoitate with the owners' who are blocking the roads; how did they win at the one arbitration?

Good uck.