Easements

Started by CathyG • 12 replies • 1761 views

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CathyG (Arizona)
Posts: 10

Posted:

Are easements considered the responsibilty of the HOA or management company? We are building a new home and the electrical lines are not connected to our property. The management company has told us it is our problem to take up with the developer --which of course is no longer in business. We have attempted to solve the issue and it has now taken us 300' from our property line. There should be some sort of recourse for us to take.

MikeS1
Posts: 668

Posted:

I seriously doubt it. Sounds like it's time to consult an attorney.

GlenL (Ohio)
Posts: 5,491

Posted:

In most cases the granting of easements over, under common elements is the responsibility of the HOA; check your CC&R's

Studies show that 5 out of 4 people have problems with fractions

RogerB (Colorado)
Posts: 5,067

Posted:

Cathy, easements are never issued by a management company. They are only hired help with no ownership. Check you lot plat for easements already defined. If none, contact the owner who you want to grant you an easement. If it is through the common area of your HOA you can contact the Board.

CathyG (Arizona)
Posts: 10

Posted:

The easement is already there, that isn't the issue. There is a kink in the electrical lines somewhere and we've already gone 300' from the property line to locate it. I know that the property management company are not responsible, but they should know the CC & R's better than the homeowner and turn it over to the board for further assessment if neccesary. I've poured over the CC & R's repeatedly and I can't find anything pertaining to the responsibility of these electrical lines. I can't believe our home is the only one affected by this kink in the line. (I'm sure the others will appear as more homes are built.) But, where do we turn now?

RogerB (Colorado)
Posts: 5,067

Posted:

Cathy, what did your electric utility provider say when you called them?

CathyG (Arizona)
Posts: 10

Posted:

Nothing. They just don't want to pay for it is all. I am content with notifying the board of the situation and sending them the bill. If we collect, we collect and if we don't we will write it off as a business loss since it is a spec house we are selling.

I was just looking for advise, as I am constructing the letter to send with the demand letter. I have raked through the CC & R's and they are of little help.

PatrickH (California)
Posts: 204

Posted:

Cathy,

You won't find anything about the underground electric lines in your C,C & R's because the electric line belongs to the electric company, not your HOA. There's probably nothing about underground water, gas, sewer or phone lines either.

The electric company is the one blowing you off. If there is a "kink" or some type of problem with the underground electric lines, it's the resposnibility of the utility company to repair it. You and your neighbors shouldn't be responsible for repairing underground water lines, electric lines, gas lines, etc. that belong to the utilities.

HaroldS (Arizona)
Posts: 906

Posted:

Patrick is right. My first thought when reading your post was: Why isn't the electric utility company looking into this? Isn't it their responsibility to provide electric power to your lot? Do you have a utility regulatory agency in your state? There is something very wrong here. Harold

BradP (Kansas)
Posts: 2,640

Posted:

Cathy:

Usually with electric the homeowner's responsibility starts at their meter and main electrical panel at their home. Anything before that is the issue of the company. That is how most utilities operate, anything before your meter is their's anything after is yours, unless someone was dumb enough to go digging without checking for utilities.

CathyG (Arizona)
Posts: 10

Posted:

Thank you Harold, Brad and Patrick!

You have been a termendous help. My superintendent has done all of the communication with the power company -- I will take that over now that I have this information. Again, thanks!!! Cathy

CathyG (Arizona)
Posts: 10

Posted:

GregoryB (Florida)
Posts: 15

Posted:

Cathy,

You might want to check if the builder was required to post a bond as well if so and it is applicable to the items you mentione it may help diffray your costs

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