Legal Question in Real Estate Law in Virginia

common area

4 years ago i replaced some broken aggregate stepping stones with brick pavers leading to my trash can. appr. area is 6ft X 8ft. Now one of my neighbors, who has sued the HOA on many occasions, is threatening to sue again because the pavers are in common area. While i agree that they lie in common area, i did not erect a fence or restrict access in any way to the area in question. It was essentially a landscape change. I do not want to drag the HOA into litigation over the brick walk but my neighbors and I feel like we are being bullied again by an absent tee unit owner who lives to litigate the HOA. Do I have any legal ground to keep the pavers in place and more importantly do i and the HOA have any recourse against a unit owner who really thrives on making lives difficult. Thanks


Asked on 4/02/07, 1:14 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: common area

No, as long as the brick pavers are in violation of HOA rules, you're out of luck. You might, however, want to double check with the HOA to confirm that the brick pavers are in fact sufficently nonconforming materials for that particular common area so as to be in violation of the HOA rules.

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Answered on 4/02/07, 5:25 pm


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