Legal Question in Real Estate Law in Massachusetts

As a Homeowners Association in MA that owns beaches, docks, and other property,we are considering offering "access" to those asserts to members who agree to pay annual dues. In effect providing an easement, contract, or other documentation that their individual property has "water rights" if they are up to date with annual dues.

The original intention of the developer was that all lots would have the benefits of the "common" property however the deeds of many lots do not have this included. This has resulted in some lots that do not pay dues but use the common areas that are maintained by those who pay dues.

Our intention is to acknowledge that all lots, that pay annual dues, have access to the property owned by the association and that in turn will increase the value of their individual lot.

What are the options that can can be pursued?


Asked on 5/06/17, 4:35 am

1 Answer from Attorneys

Without reading the HOA agreement and reviewing the titles involved, it is difficult to make an informed recommendation. You have two options:

1. Create a license for those lots that do not have a legal right to access the common areas and have them execute same and pay the dues. The license would be terminated due to the failure to pay the dues and any other fines or whatever for violating the HOA rules governing the use of the common areas. Either party would have the right to terminate the license under certain conditions.

2. Create a use easement that is subject to the HOA and will allow the HOA to foreclose upon the right just as one would a Condo for failure to pay dues. They would have the same rights to appoint who were trustees of the HOA.

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Answered on 5/06/17, 12:28 pm


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