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

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

BonnieG1 (Nebraska)
Posts: 1,186
Posted:
Those of you that have followed my post know that we are next to a care center. We share the parking lot with the care center.

Now some history, last year we had a survey or our property. So we know were the property lines are. This year our lawyer told us that he found a plat at the court house but it was unreadable. Our lawyer will be checking with the lawyers of the owner of the care center to determine if they have a readable plat. Our lawyer mentioned there may have been easements granted letting us use each others parking spaces in the outside parking lot. I know the parking in the lot (not inside the building) has been first come first serve since I have lived here.

A couple of Board members are hoping that the plat gives the care center control of the parking lot (which I doubt it does) and we won't have to pay a penny for parking lot resurfacing/repair.

It is my opinion that we need to pay a portion of any resurfacing and/or repairs to the parking lot.
Can any one on this site give me any advice as to how to convince these Board Members (one is the treasurer) that we need to take responsibility for our property. I have mentioned that we should take responsibility but one still insists we may not need to take any responsibility for the outside parking lot.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Cart meet horse... Wait till care center decides what they are going to do. Then if they need you to cut in, then bring it up...

Former HOA President
FredS7 (Arizona)
Posts: 927
Posted:
> It is my opinion that we need to pay a portion

Only a guess until you know exactly where the property lines are and the nature of any easements. I don't think it would be responsible to make any spending decisions until you know.

LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By BonnieG1 on 11/22/2015 3:26 PM
It is my opinion that we need to pay a portion of any resurfacing and/or repairs to the parking lot.


Common law seems to uphold the idea that if you are using another's roads you have a legal obligation to pay a portion of the upkeep. See Freeman v. Sorchych at
http://caselaw.findlaw.com/az-court-of-appeals/1553750.html

I also agree with those who say wait and see what the care center wishes to do.

If you can figure out who the surveyor was for your property you may be able to contact them for a legible copy of the plat.

RichardP13 (California)
Posts: 3,868
Posted:
Tales from the Crypt.

I am guessing Bonnie's property was built some time ago and any information from the surveyor will be from beyond the grave.
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
Quote:
Posted By RichardP13 on 11/22/2015 6:14 PM
Tales from the Crypt.

I am guessing Bonnie's property was built some time ago and any information from the surveyor will be from beyond the grave.

You are correct. The business is no more. We are not planning on paying anything at this time as we do want to know what easements may have existed from the beginning.

The survey we had done last year indicates we own both entrances to the parking lot.

KevinK7 (Florida)
Posts: 1,343
Posted:
Are these board members at least prepared to budget for a repair?
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
Quote:
Posted By KevinK7 on 11/22/2015 6:46 PM
Are these board members at least prepared to budget for a repair?

repairs would come form our maintenance budget. Any resurfacing cost will come from our reserve account. But for years no money was being deposited into the reserve account so at this time our reserve account is quite a bit lower that it should be.
GlenL (Ohio)
Posts: 5,491
Posted:
WHAT DO YOUR DOCUMENTS SAY????????

Our community was supposed to be 300+ units but after the Declarant got less than half of them built, they sold the remaining property to another builder but the only access to the other property goes through our HOA. So the Declarant spelled out in the documents and the sales agreement just who was responsible for what. Basically we split the cost of the entrance road to where it meets their property with each party paying 50% and the community with the most homes deciding when it should be done. If the other community wants it done sooner, they are on the hook for 100% of the costs.

Studies show that 5 out of 4 people have problems with fractions
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
Quote:
Posted By GlenL on 11/22/2015 10:06 PM
WHAT DO YOUR DOCUMENTS SAY????????

Our community was supposed to be 300+ units but after the Declarant got less than half of them built, they sold the remaining property to another builder but the only access to the other property goes through our HOA. So the Declarant spelled out in the documents and the sales agreement just who was responsible for what. Basically we split the cost of the entrance road to where it meets their property with each party paying 50% and the community with the most homes deciding when it should be done. If the other community wants it done sooner, they are on the hook for 100% of the costs.

Nothing in our documents addresses the issue of the outside parking lot.
GlenL (Ohio)
Posts: 5,491
Posted:
Then my non legal opinion is that you (the HOA) has no responsibility towards resurfacing. Bonnie stop buying trouble, unless the care center comes to you hat in hand wanting money, let sleeping dogs lie.

Studies show that 5 out of 4 people have problems with fractions
TimB4 (Tennessee)
Posts: 21,059
Posted:
Bonnie,

As others have said, wait until the facts are in.

If the parking lot is the responsibility of both (based on the PLAT) then definitely the association needs to contribute.

If the parking lot is under the responsibility of the care center, the association does not need to contribute and, depending on the language in your governing documents, may not be able to contribute.

What does the past history (minutes) say about the lot?
Did the reserve study include the lot (if not, and it is a shared responsibility expect increased assessments)?

🎯 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