Q: Facing issues with private road access in subdivision. Legal advice needed.
I am part of a homeowners association for a subdivision with private streets, and we're facing issues with property owners blocking a 33-foot street that is meant for all residents to use. Despite new signs indicating these are community streets, some landowners are preventing access by placing obstacles like snow on the road, citing that only walking is permitted. Though our association has previously communicated with the landowners, township, and police, we have not received assistance, as it's a private street. There was a past court decision allowing only walking, with the implication that broader traversal rights might be possible if recognized as a street. We want to legally clear and use these roads without causing destruction, but we're worried about potential legal repercussions. Do we need a judicial decision to clarify our rights again, or can we take action to clear these roads appropriately?
A: We would need to see the earlier court decision to determine if the homeowners are in violation of the court order. If so, then, if the settlement agreement allows for the court to reopen the matter, an attorney would be able to go back to the earlier court to review the settlement and ask the court to enforce the order. In certain circumstances, they may even ask for sanctions.
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