Homeowners Associations: HOA Rights in Virginia

Quote:

Quoting lakefrontfamily

My question involves real estate located in the State of: Virginia
We currently own lake front property that is under an HOA. Our property has a utility easement only for the water and electric companies to access their facilities. Our HOA has claimed that they fall under this easement and they are constructing a golf course irrigation pump at water's edge on our property. They have never notified us they would be doing this and do not notify us before they dig up our property, frequently making it impossible for us to use our waterfront. Do they have the right to our property as a utility? They are not named in the easement, nor do they appear on the plat as having legal access to our property. This has also been a deterrent to respective buyers who have looked at our home. What options do we have available to us?

This is not a DYI; you need to have an attorney send them a letter stating that they're not listed as an entity on the easement and they're trespassing and causing property damage. The letter should also state that further trespassing will be treated as a criminal matter and that the property damage should be corrected or further civil action will be commenced.