TO: All Middlesex Beach Association Property Owners
RE: Encroachments onto Middlesex Beach Common Area
This letter is being sent to all Middlesex Beach property owners to address the issue of existing encroachments onto Middlesex Beach Association (MBA) Common Area.
Although the MBA Board is not requiring the removal of any such encroachments at this time, please be advised that the MBA Board reserves the right to remove, either now or in the future, any and all Common Area encroachments. The right to remove Common Area encroachments hereby reserved by the MBA Board shall be exercised in the Board’s sole discretion and at the cost of the owner of the encroachment.
Any Common Area encroachments that continue and that are not either voluntarily removed by the owner of the encroachment or by the MBA Board shall be deemed to exist on the affected MBA Common Area with the express permission of the MBA. Such permission of the MBA for the continuation of any encroachment may be revoked by the MBA Board at any time for any reason.
With regard to driveways, all of which cross a portion of MBA Common Area right-of-way in order to provide access to individual lots, this letter hereby confirms that the MBA, pursuant to the previously granted Deed of Easement, dated December 17, 1959, recorded at the Office of the Recorder of Deeds, in and for Sussex County, Delaware, at Book 512, pages 579, et seq., all MBA property owners have been granted permission for said driveways to encroach upon the affected MBA Common Area right-of-way. This letter shall also serve as a reminder that the construction, design, materials, location and number of driveways crossing any MBA Common Area right-of-way must be approved by the MBA Board.
With regard to mailboxes, according to USPS regulations, mailboxes are required to be located on MBA Common Area in order to be accessible from a USPS vehicle. As with driveways that necessarily encroach upon MBA Common Area, this letter hereby confirms that the MBA grants permission for mailboxes to encroach upon MBA Common Area. The MBA Board reserves the right to approve the location and installation of any and all mailboxes located on Common Area, as well as the right to require the relocation of any mailbox located on Common Area at any time for any reason.
– MBA Board of Directors