If a property is recorded as permanent open space for public, but is severly mis-used and actually private.,,.

Question

My HOA owns a parcel on the river considered common property. It's recorded on the plat map saying "permopen space for the public". The "Public" has been extremely disrespectful of our property. There is a LOT of alcohol, drugs, sex, fighting, partying, litter , on the property and in the river, and are also re-directing the river by creating dikes. The HOA pays the property taxes and insurance premiums for that parcel! We have been calling the county office to gate it off to the public because of their illegal activity, and recruited the Fish & Wildlife dept as well as the Sheriff's office to support this effort. Some of the county officials say that if the public can't respect the property, then we have the right to **** it down due to the liability factor and the safety of our members. We put up our No Trespassing signs last night and I called one more county county official who said we need to have a hearing to change this. Please help. We need this shut. Can they do this?

Answer 1

Public property is for the use of everybody but it should be property utilized. Violators must be apprehended. The property should be guarded by law enforcers so that vandals will be prevented.

Answer 2

The question or issue is whether the HOA has the power to limit access to this parcel to just the members. There may be a preexisting right for the public to use the property. You need to do a title search to the property and get a legal opinion as to the rights the HOA has to restrict access. If the HOA has the right to determine what activities are appropriate on the property then anyone with the authority to control access can use law enforcement to prevent unauthorized use. If the HOA is somehow restricted in what they can do, then there must be an interest in this property owned by a third party. You would have to bring an action against this party based on nuisance. Nuisance is an equitable action under the law which prevents lawful owners from using their property in a way which would be reasonably unacceptable. There is no way to answer your question without knowing if there are any other rights to control access in a third party.

Answer 3

me i would a security agency to throw any sad mo foe off my property with force machine guns with rubber bullets or sue the hell out of the county for damages that should get them in high gear