I Bought a Lake Cabin Outside the HOA — So I Closed the Only Road Their HOA Uses

I Bought a Lake Cabin Outside the HOA — So I Closed the Only Road Their HOA Uses

Chapter 7

Theme:
Font Size:
24px

I knew what a real lien could mean. It could complicate refinancing, make a property difficult to sell, and pull an ordinary person into an expensive fight over an amount much smaller than the cost of defending against it. Nothing in the letter showed that the HOA had authority to impose such a charge on my land. That was the distinction the fancy paper was trying to blur.

The law firm's letter was written in colder language. It warned me not to obstruct what its client described as an established right-of-way and suggested that I could expose myself to significant civil liability if I interfered with residents' access. It offered no deed reference, no recorded instrument number, and no actual copy of the agreement.

The petition bothered me most. It called me an outsider taking advantage of resources paid for by local families and demanded that I meet my legal obligations. Most of those people had never seen me, and I had never asked any of them for money. Yet by the time they signed, they seemed convinced that my refusal to pay a bill was an attack on their homes.

I spread the three documents across the kitchen table and looked at the signatures. People had written their names in different hands, some elaborate, some shaky, some hurried. These were not cartoon villains. They were parents and retirees and working couples who believed a woman in authority had told them the truth. That made Amber's certainty more dangerous, not less.

I called David Henderson the next morning. His receptionist asked the purpose of my call, then connected me after several minutes on hold. Henderson spoke in the practiced, even tone of a lawyer who had learned to sound certain before he had finished deciding what certainty was justified.

"Mr. Meyers," he said, "I trust you've reviewed our correspondence and appreciate the seriousness of the HOA's access rights."

"I have reviewed it," I told him. "I'd like the 2009 easement agreement your letter refers to. Can you give me the book and page number, or email the signed document?"

There was a pause. "That is a matter I'd need to confirm with my client."

"I've already searched the Register of Deeds records," I said. "There's no recorded road easement on my parcel. Are you relying on an unrecorded agreement?"

"I wouldn't want to characterize a client's documents without reviewing the complete file," he replied. "Long-standing use can also raise additional questions."

That was the first statement anyone on the HOA's side had made that sounded like a legal professional being careful. I asked him to preserve the documents he had relied upon and to communicate with me in writing. He agreed to make inquiries, and we ended the call without a threat or a resolution.

Three days passed, then seven. No agreement came from Henderson. I mailed Amber a certified request for the document her association had quoted so confidently. I included the assessor parcel number and a description of the road, so there could be no suggestion that she misunderstood what I wanted.

The postal service confirmed delivery, and Amber signed for the letter herself. I printed the delivery record and slipped it into a binder. One week later I wrote a second request. Two weeks later I still had no document.

News in the same category

I Bought a Lake Cabin Outside the HOA — So I Closed the Only Road Their HOA Uses

45 Part