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DonT (South Carolina)
Posts: 10
Posted:
We could use some help in determining if our HOA actually owns the so called "Recreational Amenities" within our "Common Areas" as outlined in the following excerpts from our Declarant's terminology: e.g. "LESS AND EXCEPT -----RECREATIONAL AMENITIES ETC.

"Common Areas" shall mean all real and personal property now or hereafter owned by the Association for the common use and enjoyment of the Owners. The Common Areas are to be owned by the Association at a time in the discretion of the Declarant, in the future set by Declarant, less and except the individual Lots, Dwellings and Attached Dwelling Areas of the Property, recreational amenities and Additional Property. The designation of any land and/or improvements as Common Areas shall not mean or imply that the public at large acquires any easement of use or enjoyment therein.

"Recreational Amenities" shall mean such recreational facilities and improvements as are from time to time located within the Common Areas and the easement areas established pursuant to Section 3.08 hereof, including, without limitation, tennis courts, swimming pool, tennis pro shop, locker room facilities, clubhouse, food and beverage facilities. Recreational Amenities shall not include the golf courses, driving range, putting green, or other property connected with the golf courses which are located in the Development.

Thanks
DonT
GloriaM (North Carolina)
Posts: 829
Posted:
Don:

At the time of transition the developer should have deeded all common areas to the association. Therefore, the amentities should all be in the name of the association. Check with the Register of Deeds.
BradD2 (Florida)
Posts: 418
Posted:
The simplest way is to check with your propery appraiser and most have websites that you can search. Using the one for my county I found that we really owned an extra 18 acres we never knew about.
DonT (South Carolina)
Posts: 10
Posted:
Thanks for your replies. However our major problem is the written terminology with respect to the ownership of the "Recreational Amenities". Are they really excluded from the "Common Areas" ownership transfer as it appears to indicate in the definition of Recreational Amenities??
BradD2 (Florida)
Posts: 418
Posted:
Maybe I think this is simpler than it is, but if you own the land you own what is on the land. So why not check with the property appraiser about who owns each piece. Our county has an interactive map and it took sometime but I was able to check on all the pieces of our Association as well as neighboring ones to see exactly who owns what.

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