Legal Question in Real Estate Law in Pennsylvania
ATV ban
How can we ban the use of ATVs, Skimobiles and similar vehicles from our private road, shared by 18 members of a property owner's association? According to the association's bylaws we have the ability to change the rules, which currently make no reference to use of ATVs on our private road. Are there other restrictions that would prevent us from amending the by-laws and banning ATVs? (sorry that's two (2) questions)
1 Answer from Attorneys
Re: ATV ban
You would have to review your existing bylaws and any other organizational documents you might have to figure out how to pass a valid and binding amendment to ban these types of vehicles on your private roads. You may also need to review applicable local ordinances though in your restricting (rather than permitting) the use of special purpose vehicles within the boundaries of your homeowner's association you are probably unlikely to violate municipal laws. Basically (and this is assuming no other contractual or municipal provisions apply) if you have a sufficient number of votes to pass the amendment, this should be feasible.
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