Maintenance of non HOA Owned Property

Started by RonaldW • 9 replies • 1651 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

RonaldW (South Carolina)
Posts: 901

Posted:

The entrance to our development and the frontage on the entrance road has been maintained by the HOA since its inception in 1989. Other (non member) properties back up to portions of this road. Lately, one member with an unclear agenda has challenged the right of the BOD to spend HOA funds to maintain this area. Clearly, not maintaining this road frontage would seriously degrade the appearance of the subdivision.

I read somewhere in some association's CC&Rs, an section that specifically allowed the BOD to maintain such property if it deemed it in the best interest of the HOA.

Can anyone point me to some language that we could incorporate into our CC&Rs to eliminate this controversy?

Ron

Ron
SC

BrianB (California)
Posts: 2,820

Posted:

i can't help you with the language/wording, but i do have a question.

this property, which is not owned by the HOA, is owned by someone. Is there any concern that by stepping onto that property (in order to remove weeds, trim trees, plant flowers, whatever) that you are placing someone in the HOA/BOD/landscaping company in danger of criminal trespass laws? After all, you can't just walk onto someone's private property and just start digging or cutting.

RonaldW (South Carolina)
Posts: 901

Posted:

It's probably owned (technically) by the city just as the first several feet off the road in front of our houses is ("city right of way"). The city requires that homeowners maintain this property in front of their homes.

We're talking about 12' or so on each side of the roadway and the median strip. This includes our entrance sign, gazeebo, lighting, sprinkler system, etc. No owner is listed on the county tax map.

Other developments in our area maintain their entrances, I'm just looking for language that would legitimize our expenditure on this maintenance. It wasn't a problem for the first 15 years or so until this person (I'm trying to think of a polite way to put it) "made it an issue".

Ron
SC

RogerB (Colorado)
Posts: 5,067

Posted:

Ronald, are you positive no one owns this land? Ask the country clerk and recorders office to help find the owner. If there is no owner then I don't think you are trespassing. If an ower is found you can request an easement, just like the utility easement you provide to the city on the property you own.

If I was on your Board I would vote to maintain this area. I would justify this action by stating it enhances property values in the association. I would explain the justification of this action to the complainer and hope they are satisfied.

RonaldW (South Carolina)
Posts: 901

Posted:

Posted By RogerB on 11/11/2006 10:09 AM

Ronald, are you positive no one owns this land? Ask the country clerk and recorders office to help find the owner. If there is no owner then I don't think you are trespassing. If an ower is found you can request an easement, just like the utility easement you provide to the city on the property you own.

If I was on your Board I would vote to maintain this area. I would justify this action by stating it enhances property values in the association. I would explain the justification of this action to the complainer and hope they are satisfied.

Thanks for the suggestion on the county clerk. The on-line tax map doesn't show an owner.

I am on the board and we do want to continue to maintain the area. The "complainer" used to be on the board and approved maintaining the area. Now, for some unknown reason, he attends the meetings and yells and bullies everyone.

If I can find appropriate language, I will propose ammending the CC&Rs to include the language allowing us to spend association funds for this purpose.

Ron
SC

BrianB (California)
Posts: 2,820

Posted:

just checking, but if/when you ammend your CC&R's, you do send all owners a new copy, as well as record the new document with the county/state, correct?

If not, how do you ensure that a new/potential owner gets a copy of the latest CC&R's when they approach a purchase?

RonaldW (South Carolina)
Posts: 901

Posted:

Posted By BrianB on 11/11/2006 3:42 PM

just checking, but if/when you ammend your CC&R's, you do send all owners a new copy, as well as record the new document with the county/state, correct?

If not, how do you ensure that a new/potential owner gets a copy of the latest CC&R's when they approach a purchase?

I'm relatively new on the board and no ammendments have been passed since I've lived here.

It's a legal requirement to file any ammendments with the county. Also, 75% of the members must agree to ammend the CC&Rs.

We have a website (I'm the webmaster, see my profile). There is a "short version" of the CC&Rs on the site plus an offer to e-mail the entire package (too big for our site). Prospective purchasers can visit the website although we have no way of knowing who is considering a purchase.

The ammendment I'm suggesting would not be in the "short version", that pertains to applications to the ACC, vehicles, boats, trailers, trash & garbage etc. It would be added to the files e-mailed upon request.

Ron
SC

RogerB (Colorado)
Posts: 5,067

Posted:

Ronald, I would not try to amend the Declaration for this matter. I would simply try to get a motion passed by the Board.

RonaldW (South Carolina)
Posts: 901

Posted:

Posted By RogerB on 11/11/2006 5:18 PM

Ronald, I would not try to amend the Declaration for this matter. I would simply try to get a motion passed by the Board.

The board has no problem with this, and has been maintaining the area since 1989. This guy served on the board for at least two years during this time. Now he has threatened to sue the board for spending association funds to maintain property that doesn't actually belong to the board. As I posted above, this guy and his wife seem to be intent on disrupting the HOA. His wife apparently has some connection with a lawyer and is on some sort of power trip. She has posted her opinions on neighborhood mailboxes and e-mailed her opinions to anyone who would provide her with an e-mail address.

There's one (or two) in every crowd!

Ron
SC

RogerB (Colorado)
Posts: 5,067

Posted:

Ron, I would check with the HOA's insurance agent. If the agent will send a written note stating you would be covered in case they really follow through on this apparent bluff. Then continue to maintain the area and have proof that the complaintant has previously approved the action while on the Board and the Board is continuing their policy. In other words, I would quit giving this disruptive person attention.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here