Can Neighbors Walk on Driveways in New Jersey?

Question:

Our townhouse is very close to the community pool and clubhouse. Residents on our street are constantly walking up our driveway as a shortcut to the pool. It continues from morning to evening. On Memorial Day Weekend, 48 people walked up our driveway.We don’t know any of these people. They could be casing our house for all we know. Our house is on ground level so we keep our blinds down for privacy, otherwise we see/hear everyone walking by.
The community has many designated walkways to get to the pool.
People come up the driveway with strollers, dogs on leashes, parties of 5 or more. it is very
disruptive to my family, as well as having loss of privacy and security.
We approached the HOA about this and were told to “get used to it”. We were told the driveway is a common element and anybody cause it. I was under the impression the driveway was a
limited common element that is exclusive to the homeowner unit. Please advise.
Thank you, jeanne

– Jeanne

 

Answer:

Hi Jeanne,

You will know which elements are common elements and which ones are limited common elements based on the community plat or map. From there, you can determine whether your driveway is a limited common element that is exclusive to your unit or a common element that anyone in the community can use. You may also find this information in other governing documents.

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

company logo
company logo
company logo
company logo
company logo
company logo
company logo
company logo