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LindaX (California)
Posts: 11
Posted:
Which document I can find clearly find out where is the board between my backyard and public area? Is certain document is available public in county?

My unit is end unit of a condo building but without backyard door when I moved in. My previous owner did not explain why certain door is not there since she did not care.

I put a door (removable door about 35 inches high) in the place at the board of my backyard to public area. But some of the member question on the rights I can put the door. Base on CC&R if that area is my private area, I should have the rights. Neither the HOA board nor the member do provide clear document says the area I put my door is public area. Is that my response to proof it or the HOA should find the layout before they can state my violation?

Here is how it briefly looks like.

| |
| |
| |
| |
| |
| added |
| door |
|------- |-----------------------------------------------------------
| | |
| my backyard | neighborhood's back yard |
| | |
| | |
|--------------------------------------------------------------------
LindaX (California)
Posts: 11
Posted:
the picture seems screwed up. Try again

| |
| |
| |
| |
| |
|added door |
|---------- |--------------------------------------------------------------------
| |
| | neighborhood's back yard
| my back yard |
| |
|
| <-- there is door here for all the other members to separate backyard.
|------------------------------------------------------------------------------------------
SusanW1 (Michigan)
Posts: 5,202
Posted:
Are you saying that you cut into the HOA's fence in order to get to the public area?
LindaX (California)
Posts: 11
Posted:
No, there is no fence between my backyard and public area.
Right after I moved in, I found some strangers entered my backyard and peek from my windows. It is happened when one of the other units has open house.
LindaX (California)
Posts: 11
Posted:
By the way. The door is easy to open, no lock, most of time it is opened and it did not break any emergency requirement. It is more give a sign as "do not enter, it is private area".
EdC5 (Florida)
Posts: 117
Posted:
Quote:
Posted By LindaX on 04/28/2011 4:41 PM
By the way. The door is easy to open, no lock, most of time it is opened and it did not break any emergency requirement. It is more give a sign as "do not enter, it is private area".

So you're saying you altered the HOA's property, i.e., the structure of the building?

Edward J Cooke, CMCA, LCAM
LindaX (California)
Posts: 11
Posted:
I don't think I am. The management company told me if that area is my backyard, I do have right to put the door. My question is I think that is my backyard, but some member argue that is public area without support document.

My question is

1. which document I can request from county has clear picture on where is my backyard where is not.
2. is that my responsibility to proof the area is private or public or the board of HOA should show such document.

JanetB2 (Colorado)
Posts: 4,219
Posted:
Check in your closing documents to see if there was a survey or plat.
Otherwise the County Records should have a plat of the condos showing the various units and associated property.

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