Sandie, LLC v. The Plantations Owners Ass’n, Inc.,.
When the original developer of Plantations created the subdivision in 1986, it retained a 4.3-acre Recreation Area, including a pool, tennis courts, and a gym. Plantations residents and the general public use the facilities for a fee. The developer failed to reserve an express easement to the public road. Owners of the Recreation Area and customers of the health facility must use land owned by the Associations, which own and maintain Plantations’ common areas, for access. A new owner of the recreation facility was unable to reach agreement with the Associations concerning access and parking and sought to establish that an easement exists in its favor over the roads of the Associations and for use of a parking lot adjacent to the Recreation Area and that it is under no obligation to contribute to the upkeep of the property over which it claims an easement, relying on a Declaration of Covenants. The Declaration is poorly drafted and unclear. The Chancellor held that the owner has established an easement to use the private roadways of Plantations in connection with its business, but failed to demonstrate an easement for parking. The question of maintenance obligations awaits further factual development.View "Sandie, LLC v. The Plantations Owners Ass'n, Inc.,." on Justia Law