Residents And Board Members Of A Sub-hoa Are Policing The Use Of A Common Area, Claiming The Common Area Is For The Exclusive Use Of Their Subdivision. I Have Documents Proving That The Common Area Is Not For Their Exclusive Use. I Want To Know How To Proceed.

Location: MA

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I live in a neighborhood that has a Landowners Association (LOA). I moved in when it was just the LOA and then the neighborhood expanded as subdivisions were built around it and annexed by the LOA. These subdivisions have their own homeowners associations (HOAs) and governing documents.

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Residents of these subdivisions have to pay into the LOA as well as their own HOA. The LOA’s CC&Rs is known as the “Master Declaration”.

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My issue is with one of the subdivisions that I’ll call the Grover Park Subdivision. In that subdivision there is a green space named Grover Park. Grover Park looks like a public park, and there are no signs, gates, or other indicators that its use is restricted only to certain individuals. The residents and Board of Trustees of the Grover Park HOA have been policing the use of Grover Park by approaching anyone using Grover Park and demanding to know where they live. They claim that Grover Park is for the exclusive use of the residents of the Grover Park Subdivision, as they are the only ones paying for the maintenance of Grover Park.

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This is not true. The Master Covenants, Conditions and Restrictions (CC&Rs) indicate that any property annexed becomes Association Property and is subject to the Master CC&Rs. It also indicates that all property owners of the LOA are entitled to the use of any Association Property in the annexed subdivision, and that assessments will be adjusted for a proportionate share after each annexation. The Grover Park CC&Rs also has a blurb stating it is subject to the CC&Rs of the Master Declaration.

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In addition, I have also found out that Grover Park was actually zoned as a “common open area” in their development and site plans, which the authority that approved the plans defines as “the area of publicly accessible land shared by surrounding dwelling units. This open space may have paths, landscaping or other amenities. In a private housing association, the Common Open Space is maintained through homeowner association or condominium fees.” This means that not only is Grover Park available for use by the residents of the LOA other sub-HOAs, it is also available for use by the public.

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I have also learned that the “Private Road: No Thru Way” sign that was installed at the entrance of the private way Grover Park is misleading (and potentially illegal). Not only is there a through-way, but a public access easement was also recorded to provide for public access to this private way. The sign interferes with the scope of the easement.

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I want to mention that I have already tried to clear things up with my neighbors in a friendly manner. I had reached out to the Grover Park HOA and the Neighborhood Association (originally created as a voice of the residents of the neighborhood, but now has more of a social role in the community, even sending out a newsletter earlier this year) for clarification about the use of the park. I emphasized that I was not trying to get unauthorized use of the park, but it was unreasonable to expect people to know that the use of an unmarked piece of land that looks like a park in the middle of the neighborhood is restricted. I asked that there be signs put up if Grover Park is indeed a private area so that future conflicts between neighbors can be avoided. I also asked that people be mindful of how they approach others and that they do not approach children. (This was before I found evidence indicating they do not have the right to restrict the use of Grover Park.)

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Unfortunately, my neighbors were dismissive and unhelpful, which is what led me to look into things myself. My discoveries lead me to believe they were not operating in good faith.

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I plan to reach out to my city’s Inspector of Buildings and the Zoning Enforcement Agency. I have the following documents:

- Master Declaration of Covenants, Conditions and Restrictions (CC&Rs)

- Amendment to the Master CC&Rs declaring the annexation Grover Park

- Grover Park’s CC&Rs which indicates the Grover Park Subdivision is subject to the Master CC&Rs

- Zoning plans that were approved recorded at our county’s Registry of Deeds indicating the Grover Park was zoned as a "common open space".

- Zoning and Land Use By-Laws from the local government agency that has the definition

- Public Access Easement Agreement for the private way

- Photos of the misleading sign

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Is there any other authority I can go to about this? I want this to be formal and by the books.

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I’m also curious if I can do anything about the residents and trustees approaching people using Grover Park. They seem to think the lack of signs justifies their policing the use of the park (I have this in writing) rather than a lack of signs indicating that Grover Park is available for public use.

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My goal is that the misleading sign gets taken down, people stop policing other people's use of common spaces, the neighborhood association announces in their next newsletter that they were mistaken about Grover Park being a restricted park, and every power-tripping asshole eats shit.

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Thank you so much for any help you can provide!

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