Your Legal Questions Answered
Our HOA wants to open an owner owned (not owned by association) common easement for “ingress and egress” to all the members of the association and their guests to access the national forest. This affects 4 properties to bear the unreasonable consequences, undue hardship of loss of privacy, loss of property value, increased liability, Road traffic, parking, noise, increased public exposure to crime, littering, etc. The HOA wants the remaining 93 members to vote on this change if they wish to have unlimited access to these lots for personal enjoyment. Is this legal? How do we stop this? 
This is a complicated question, the answer to which likely depends upon the covenants relating to your property, it's historical use, and/or the rights and interests of the other homeowners regarding ingress and egress to the national forest. Generally, an HOA may not impose obligations on individual homeowners' lots if the covenants do not permit it. Sometimes, however, portions of a homeowner's property may be deemed a "common element" or "limited common element" over which the HOA possesses some measure of control. Also, if other homeowners have historically used the subject property for ingress and egress to the national forest, they may have acquired the right to continue to do so. Again, this can be a very complicated issue, so it makes sense to consult with an experienced property attorney.
The foregoing information is general information only and should not be relied upon to take, or fail to take, legal action. No attorney-client relationship is formed by this information. __The only manner to obtain complete and adequate legal advice is to consult with an attorney.__
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