Common Area

Started by ErainaB1 • 5 replies • 1429 views

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ErainaB1 (Georgia)
Posts: 3

Posted:

Several years ago a small group of residents purchased a fountain and placed it in one of our common area lakes. Over the years those homes have been sold and the new owners want the association to now be responsible for fountain maintenance, repair, replacement. They are stating because fountain is located in a common area the association is now responsible. Would appreciate any information on this issue.
Thank You

TimB4 (Tennessee)
Posts: 21,059

Posted:

When we have homeowners who want to plant a tree in the common area we inform them, in writing, that they and any future owner must be responsible for it. This information is disclosed to the buyer by the Association prior to closing (though the Association's disclosure package). However, on one instance the Association failed to inform the new owner and the error wasn't discovered until the tree needed to be removed. Since the tree was in the common area the Association absorbed the cost to take it down. This was an expensive lesson for us.

I mention that story to ask, were the new owners informed. If not, then the Association should take responsibility.

The other option is to explain to those homeowners that if the owners do not want to maintain the fountain, they may certainly pay to have it removed.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

nooooooooo ~ since it is on a common element, the association must either:

maintain

OR

remove

imo: while the intent of the HOs was good, the fountain should never have been permitted

ErainaB1 (Georgia)
Posts: 3

Posted:

Not sure if previous owners disclosed.

I do agree this was a bad idea to allow on common property.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Era

I say the HOA takes over responsibility or they remove it. I believe if push comes to shove it is better for the HOA to take it over as it aerates and helps keep the pond clean thus it might be cheaper in the long run. Granted it might be a thing of beauty and some are (were) willing to pay for such, but I think the aeration arguement might be more powerful.

We have a fountain in our retaining pond but only about 20% of the owners can see it so I think if we put to a vote to keep it for aesthetic reasons, it would fail. Go for the aeration/clean water arguement.

Our fountain is on a timer. 7am to 8pm and freezing not an issue here.

AnthonyD11 (Colorado)
Posts: 13

Posted:

That new home owner/ association is responsible for the maintenance or removal of the fountain.

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