When a city asks an association to sign an easement agreement for a public project, such as street widening, sidewalk work, or other municipal improvements, a board should remember that the document is drafted to protect the city’s interests, not those of the association.  Because an easement affects association land and can create long-term obligations, boards should have proposed easement agreements reviewed by an attorney before signing.

A legal review can help identify missing protections and negotiate important terms, including exoneration and indemnification language and clear remedies if the city or its contractors damage association property or fail to meet their present and future obligations. Those provisions can make a significant difference in protecting the association from unexpected liability, repair costs, and enforcement issues down the road.

Before granting the use of association property for city purposes, associations should have Kaman & Cusimano review the proposed easement agreement. A careful review on the front end can help ensure the association’s interests are protected before the project moves forward. If your association is not currently a Kaman & Cusimano client and is interested in learning more about our services and how we can help, please click the following link: Request for Proposal and type “Easement” in the subject field.