Rear of townhome in enclosed storage area

Started by MaryS7 • 9 replies • 1774 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

MaryS7 (Texas)
Posts: 37

Posted:

I live in Texas. I live in a townhome development. The rear of my townhome is in an enclosed boat/rv yard owned by my association. The association will not allow us to have the code to access this yard to maintenance our property or in case of fire, etc.. We have to plan in advance to have someone from the board come and open the gate. There are 3 homes which are within the boat/rv yard. I firmly believe that any property owner that owns property within the yard, should have free access to this area. Legally, do we have any rights?
Thank you for your help!

TimB4 (Tennessee)
Posts: 21,059

Posted:

Mary,

I'm not sure I understand the issue.
Your back yard is enclosed by the storage area?
OR
Your back yard back up to the fence of the storage area?

As for access to the storage area, it's a two sided issue:
The need for you to have access and the need for the Association to maintain control (due to liability issues) in an Associations designated, locked, secured area.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Perhaps you could investigate a key card access system to the facility. Do the research, expected costs to install and maintain, and present a proposal to the Board.

This would allow the Association to know who's key card was used last to access the facility (in case there are security issues) and provide you the access you feel you require.

Often, I've found that many are willing to sign off on something that makes sense providing that they don't have to do the work to make it happen. I've gotten many proposals adopted this way by doing all the work prior to asking the Board to adopt.

Tim

TimB4 (Tennessee)
Posts: 21,059

Posted:

Another option, if the issue is that your back yard backs up to the storage area, is to:

a) gather support and have the Association reduce the size of the storage by four to six feet to allow access behind your property (citing safety, maintenance, etc.).

b) Have the Association purchase 4 to 6 feet of property of all homes backing to the storage area to allow such access.

KerryL1 (California)
Posts: 14,550

Posted:

Mary, what do your governing documents--probably your CC&Rs (aka, covenants, declaration) say about that Assocation-owned Area? Is it residents' RVs & boats that're stored there?

Also, does your deed say anything about that area? It sounds like you're saying that your town home protrudes into that yard? Or that part of that yard abuts the back and part of both sides of your TH?

I'm having a hard time visualizing your situation?...

MaryS7 (Texas)
Posts: 37

Posted:

To clarify, its the back wall of our townhomes that are in the boatyard. I am certain the HOA will not go to a key card system. $$ I recently had my foundation repaired and had to jump through hoops to have the gate opened for them as everyone works during the day. I have more repairs coming up and this is one more thing I have to schedule. I know about their liability issues, but don't I have any rights to my home?

MaryS7 (Texas)
Posts: 37

Posted:

There is about 2 ft of my home sitting within the boatyard. I have not looked at my property line yet, but will tomorrow. Thank you for all your help!

MaryS7 (Texas)
Posts: 37

Posted:

There are 352 homes in our subdivision. Only 3 townhome back walls sit within the boatyard. We have many renters and foreclosures. On a monthly basis around 10 people show up to the meetings. I seriously doubt I could garner any support for something that does not affect the others! LoL Great idea though, thanks!

MaryS7 (Texas)
Posts: 37

Posted:

Our CC&R's do not mention this area at all. No mention in the deed. It was built so that residents could park their boats and Rvs off the streets. It was not build as a money maker for the HOA. Since this board has been handling things they have let off property businesses store their equipment in there, renters park their inoperative cars and people who have flatbed trailers they use everyday for their businesses park in there. Its been a constant battle to keep it from being a Uhaul storage/used car lot and to keep the noise from encroaching on my peace. The view from my window is spectacular! lol

TimB4 (Tennessee)
Posts: 21,059

Posted:

Interesting. I've never heard of an Association doing such a thing.

Is your town home considered a condominium or a fee simple home (they can be either one)?

If it's a fee simple home, you would have also purchased land with the home. As Kerry pointed out, if you own the land, see if they encroached on your lot line. If they did, you may want an attorney to write a letter on your behalf. Otherwise, you may lose that portion of land by adverse possession.

If it's a condominium, I believe the actual land is owned by the Association and you simply have exclusive rights to it. Again, your deed and survey will be helpful in identifying what is considered yours.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here