PaulW4 (Oregon)
Posts: 3
Posts: 3
Posted:
I live in Oregon. I recently discovered that the City Planning Department and City Surveyor made an error in recording the plat of my HOA's subdivision.
25 years ago the Planning Commission approved a 16-unit subdivision.. I'll call this Subdivision A. It was approved in two phases.
Subdivision A - Phase I (consisting of 3 units). Subdivision A -Phase II (consisting of 13 units).
The error made was that the common areas are included in Subdivision A - Phase I's plat map.
When the plat was recorded for Subdivision A -Phase II, the subdivision name was changed to another name ... (lets call it) Subdivision B. By doing that Subdivision B was created as a separate and distinct subdivision unrelated to Subdivision A -Phase I.
In other words, the common area belongs to Subdivision A NOT to Subdivision B.
The problem is that Subdivision B has been for the past 25 years paying to improve and maintain the common area owned by Subdivision A. Subdivision A has not been paying anything to maintain their common areas!
This is a total mess. The City legally has no obligation to correct things as the statute of limitations has run out. They are unwilling to give any assistance.
So far no one in the HOA is willing to contact an attorney to resolve this problem.
My main question is ..."Does the City have the right to require Subdivision B to continue to pay for maintenance of the common areas that we do not own?
25 years ago the Planning Commission approved a 16-unit subdivision.. I'll call this Subdivision A. It was approved in two phases.
Subdivision A - Phase I (consisting of 3 units). Subdivision A -Phase II (consisting of 13 units).
The error made was that the common areas are included in Subdivision A - Phase I's plat map.
When the plat was recorded for Subdivision A -Phase II, the subdivision name was changed to another name ... (lets call it) Subdivision B. By doing that Subdivision B was created as a separate and distinct subdivision unrelated to Subdivision A -Phase I.
In other words, the common area belongs to Subdivision A NOT to Subdivision B.
The problem is that Subdivision B has been for the past 25 years paying to improve and maintain the common area owned by Subdivision A. Subdivision A has not been paying anything to maintain their common areas!
This is a total mess. The City legally has no obligation to correct things as the statute of limitations has run out. They are unwilling to give any assistance.
So far no one in the HOA is willing to contact an attorney to resolve this problem.
My main question is ..."Does the City have the right to require Subdivision B to continue to pay for maintenance of the common areas that we do not own?