I am having trouble understanding a subsection of our homeowners association declarations. Under General Duties of the Association it says "In addition to the duties and powers enumerated herin and under the Articles and Bylaws, and without limiting the generality thereof, the Association shall;
have the power and authority to grant easements or Shared Rights with respect to the Common Property, or to transfer Common Property or any interest therein to any public authority or utility in connection with exercise of the right of eminent domain, or to transfer maintenance responsibilities to governmental authorities as contemplated herby, all without consent or joinder of any Member."
My question is: Does this allow a HOA Board of Directors to grant Shared Rights to any "non-public" authority or utility without the consent of the members? Or is this only applicable in connection with exercising the right of eminent domain?
The language is a little confusing. Can you please explain?
have the power and authority to grant easements or Shared Rights with respect to the Common Property, or to transfer Common Property or any interest therein to any public authority or utility in connection with exercise of the right of eminent domain, or to transfer maintenance responsibilities to governmental authorities as contemplated herby, all without consent or joinder of any Member."
My question is: Does this allow a HOA Board of Directors to grant Shared Rights to any "non-public" authority or utility without the consent of the members? Or is this only applicable in connection with exercising the right of eminent domain?
The language is a little confusing. Can you please explain?
