*New Case Law
Homeowners Association (HOA) developers often reserve certain easement rights for the benefit of the HOA’s members. Such easement rights typically extend over common areas but may also extend to adjoining properties which are not included within the actual HOA development. When those easement rights are threatened or infringed, the recent case of Sumner Hill Homeowners’ Association v. Rio Mesa Holdings, LLC., (2012) (Sumner Hill) illustrates (1) how the HOA can bring an action to protect its members’ interests and (2) what substantial role the development’s tract map can play in adjudicating the members’ easement rights.
In Sumner Hill, residents in a gated community enjoyed access to a private road (Road) that lead to the nearby San Joaquin River. That access was jeopardized when an outside developer (Defendant) built one of its development’s public access paths through the Road and installed a fence which restricted access to the Road by the Sumner Hill residents. The Sumner Hill members believed that the Road was part of the association’s common area and that their easement rights had therefore been violated.