HANOVER — Two former members of the Hanford Bay Association are suing the homeowners’ group, alleging it has too much power.

Hanford Bay is a neighborhood along Lake Erie in the town of Hanover, south of Cattaraugus Creek and next to Sunset Bay. The lawsuit by Patricia Young and Sandra Young in state Supreme Court alleges their decision to quit the Hanford Bay homeowners organization “is a product of the association abusing its authority and attempting to hold itself as a formal homeowners’ association when it is not.”

The group “has no legal right to force the collection of yearly fees, maintain lands which it has no title rights to, or govern the rights of Hanford Bay homeowners generally,” the lawsuit claims.

It’s not clear from the lawsuit if the Youngs are related, but they live near each other on Front Street. A key part of their argument is that Hanford Bay was unincorporated when the homeowners association was created in 1924, but is now under the government of the town of Hanover.

“Since Hanford Bay was incorporated as part of the town … the town of Hanover has assumed responsibility for the maintenance and public safety functions that the association once undertook,” according to the suit. “In return, Hanford Bay property owners pay property taxes directly to the town of Hanover.”

The Youngs said they paid association fees for years and only received trash collection services in return. However, a dispute over a right of way directly led to them quitting the association.

Their lawsuit alleges the association “has represented itself to Hanford Bay property owners as an organization with the legal authority to enforce the collection of yearly service fees and to maintain rights of way… to which the association has no title interest in.”

Sandra Young’s property has a right of way down to Lake Erie. Even though the association is allegedly not a party to the right of way agreement, “beginning in or about 2022, (it) took it upon itself to dictate who could use the right of way and the manner in which it is used.”

The association subsequently staked signage identifying the right of way, and posted the location and permissible uses on its website. This has caused it to be “used by several individuals lacking any right to use” the path.

The Youngs have attempted to tell the association it has no authorization over use of the right of way, but “to no avail. Instead, the association has made repeated false claims that it is entitled to maintain and assert authority over all the rights of way in Hanford Bay.”

With the Youngs out of the association, they are no longer paying its garbage collection fees. They allege the association has sent them letters claiming that all Hanford Bay residents must pay the fees. It “has also threatened to impose interest and penalties…for their refusal to pay the fees.”

The Youngs want a ruling that the homeowners association is a voluntary membership group, and that it lacks the authority to mandate fees. They also seek a court declaration that the association cannot maintain or use the right of way on Sandra Young’s property.

Buffalo law firm Magavern Magavern Grimm is representing the association in the case. Lawyer Rich Grimm offered a response to the lawsuit from the association.

“For more than 100 years the Hanford Bay Association has been and remains a close-knit group of homeowners who enjoy one another’s company and the benefits of owning property in a beautiful beachfront community. The association provides a variety of services to all of our homeowners for a very modest annual fee that amounts to less than $250 per year.

“The association disputes the allegations of the lawsuit brought by two of our neighbors, and intends to defend the rights of the remaining 200+ homeowners in our Association.

“While we are disappointed that our neighbors have sued the association, we remain hopeful that the matter might be resolved through direct communication.”