G.J. from Genesee County, Michigan writes:
Dear Mister Condo,
I live in an area of Condos that were built at various times over many years, so there are various names and several different associations but all condos are served by common access roads with all share upkeep, etc.. To get to my question… There is one association that has a common area that leads to a township walking park. Can residents of other associations use this common area to enter the park?
Mister Condo replies:
G.J., Without knowing all of the specifics of the various associations and access roads, I would only be guessing to render an opinion. My advice is for you to look at what arrangements the local municipality may have made with the association that has access to the walking park. It is not uncommon for the municipality (township) to require that an easement be in place to keep a public entrance accessible – not just for homeowners within the various association but even for the general public. That being said, if no such arrangement was ever made, the association may well be in full control of their own common area and can manage that area as they see fit, including limiting or denying access to those who do not belong to their association. All the best!