How Do Condo Associations Handle Easements?
An easement is defined as a right to use or enter onto another person’s property in a limited way without possessing it. While it may seem strange, there are in truth many easements in use in every city nowadays, from beach paths to utility easements for hanging electric wires. Condominium associations, however, have a somewhat unusual relationship with easements, because they can both seek and grant them in different situations. If your board is encountering difficulty with easements, it may be a good idea to consult an experienced attorney.
Granted For A Specific Purpose
In general, if a person or entity wants to do something on another person’s property, they must have an easement to do so. For example, condo associations will often seek easements before incorporation for utilities or traffic, so they can be enshrined in the governing documents or even in the registered plat. Another important easement in condo associations is the one granted to owners for their use of the common elements – after all, the condo association owns the common elements like elevators, hallways and amenity rooms, but owners have the right to use them.
While easements can and do make life easier for all involved, it is important to remember two things about them. The first is that some easements are private – for example, a path down to the beach may only be available to unit owners, as opposed to tourists or other members of the public. Second, easements only allow use of the land or air for a specific purpose. If a company is permitted to send workers onto the association’s property to maintain the electric meters, they may not put up ads for their company on the building’s wall.
Liability For Denied Access
Condo associations have a dual obligation when it comes to easements. They must police their own easements (that is, easements obtained by the association) and ensure they do not overstep their bounds, and also vet owner applications for their balconies and yards to ensure that they do not violate any of the easements the association has granted to others. Sometimes these two obligations will conflict, with the potential for liability looming without a compromise.
In other words, if an owner’s fence, landscaping, gazebo, or other addition to their balcony or their parcel interferes with an easement granted to, say, a utility company, the association must be able to placate the owner without creating bad blood, but at the same time, ensure that the easement remains open. If it does not, the company or other entity denied its right of access may have cause to file suit against the association.
Contact A Tampa Condo Association Attorney
Easements are only one factor that keeps a condo board busy, but they can subtly cause serious issues if they are not maintained. If your condo board has questions or concerns about easement issues, a Tampa condominium association attorney from the Seward Law Office will work hard to ensure they are managed. Call our office today to schedule a consultation.
