MarkH3 (Texas)
Posts: 2
Posts: 2
Posted:
I am a homeowner in a 2500 acre community which has 2 to 10+ acre lots. I accumulated 7.5 contiguous acres overtime which consists of 4 platted lots. I am now in the process of wanting to build a pond that will span across two of the internal lot lines and also the 8' utility easements which run along each side of the lot lines. All of the utilities have been put in place along the back and front of the property, so their is no need for these internal easements in order to supply utilities to the rest of the subdivision owners.
My question is this, does the HOA have the authority to grant a variance to allow me to build across the previously designated utility easements or does the various(water, electric, gas, cable, phone, etc.) utility companies have authority over those easements? Right now the HOA's stance is that they would grant a variance but they think the utility companies would have to grant permission for me to build across the easements. Also, I had previously received a variance from the previous HOA board allowing me to build a shop/garage on the back property line and across that 8' utility easement. If the utility companies do have authority over that easement am I at risk since I have already built that building (6 years ago)?
If possible I would like to avoid having to go the route of getting waivers from the utility companies since I would anticipate that I would be entering into a rather large black hole in trying to obtain waivers, especially with the larger utility companies.
My question is this, does the HOA have the authority to grant a variance to allow me to build across the previously designated utility easements or does the various(water, electric, gas, cable, phone, etc.) utility companies have authority over those easements? Right now the HOA's stance is that they would grant a variance but they think the utility companies would have to grant permission for me to build across the easements. Also, I had previously received a variance from the previous HOA board allowing me to build a shop/garage on the back property line and across that 8' utility easement. If the utility companies do have authority over that easement am I at risk since I have already built that building (6 years ago)?
If possible I would like to avoid having to go the route of getting waivers from the utility companies since I would anticipate that I would be entering into a rather large black hole in trying to obtain waivers, especially with the larger utility companies.