Legal Question in Real Estate Law in Maine
deeded rights to common beach
I am a Cove President in a developement of 41 homes sharing a common waterfront lot that has been deeded into the title of these 41 lots. Each year dues are assesed to maintain liability coverage and minor repairs on the ''Cove Beach''. My question is this: What legal action do I have in prohibiting those whom do not pay their annual dues. Can I, as president, restrict or prevent them from using the beach? If not what other legal recourse might be taken? I would love an option to discuss with the deadbeats
Thank you for your reply
--name removed--
1 Answer from Attorneys
Re: deeded rights to common beach
The problem created by those who chose to not pay their assessments but still enjoy the access is not uncommon. The answer to the problem lies within the existing documents which create the rights (is the access an easement, common land, etc.?) Is there a neighborhood association corporation that has By-laws addressing collection? Does the association have lien power for unpaid assessments? A review of these documents who need to made before a legal opinion could be rendered or a specific strategy developed.
The short answer is often that there is no authority to block deeded access, but that the collective body can craft other mechanisms for enforcement, depending upon the "stomach" of its members to act.
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