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Does the homeowners association have the legal right to tell me not to park on the public road?

Does the homeowners association have the legal right to tell me not to park on the public road?

Q: What are the rules around easements?

Easements allow one party to use another party's land for a specific purpose. The rules governing easements can vary by state but generally include the easement's scope, duration, and maintenance responsibilities. It’s important to review the easement agreement for specific terms and any local laws that may apply.

Q: What is an example of a covenant running with the land?

A covenant running with the land is a promise that binds current and future property owners. An example would be a restriction preventing homeowners from building fences over a certain height. This covenant would apply to all future owners of the property, ensuring compliance with community standards.

Full question:

I live in a preserve area with covenants. The main road running through the community is a public road which the preserve gave a perpetual non-exclusive easement to the city. The city maintains the road. I got a letter from the homeowners association telling me that I can not park my car on that road overnight. Does the homeowners association have the legal right to tell me not to park on the public road? The city tells me it is ok to park overnight on the road.

Category: Real Property
Subcategory: Homeowner's Association
Date: 04/07/2025
State: Colorado

Answer:

Please see the information at the following links:

http://lawdigest.uslegal.com/real-estate-laws/homeowners-associations/7359/

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This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Who owns the easement on my property?

The owner of the easement is typically the entity that has the right to use it, which can be a city, utility company, or even a neighbor. In your case, since the preserve granted a perpetual non-exclusive easement to the city, the city owns the easement rights for maintenance and access. However, the property owner retains ownership of the land subject to the easement.