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KP3 (Texas)
Posts: 124

Posted:

In our community, some mailboxes are single and some are 'shared' in brick housing. I know that USPS owns said boxes. My question is this. For the 'shared' housing, if the housing is entirely on one persons property (fully within their property line and made with the bricks from ther house) do they own the housing? As I said before, the actual boxes, USPS owns.. Where can I find a legal answer to this?

LarryB13 (Arizona)
Posts: 4,099

Posted:

Why is this an issue?

RichardP13 (California)
Posts: 3,868

Posted:

The HOA owns the boxes if shared and maybe the homeowner owns the individual boxes, BUT the USPS regulates those boxes.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

KP

My initial blush if shared by several owners, be it one one owner's property or not, it would be the responsibility of either the sharers or the association.

TimB4 (Tennessee)
Posts: 21,061

Posted:

I agree with John.

Suggest that this is one of those policies the Board needs to adopt.

KP3 (Texas)
Posts: 124

Posted:

I ask because there is a brick housing two mailboxes a west and an east. There are a few others in the neighborhood that are single and some that are double. This particular one is a double. However, the housing is clearly and fully on the west sides property. Wasn't an issue until one side decorated the box for Christmas with decorated garland. East side kept bending it and ultimately threatened to cut it off. What do you do and where do you turn for the answer???

TimB4 (Tennessee)
Posts: 21,061

Posted:

KP,

As answered in an earlier thread, the mailbox housing would be a shared responsibility between those who use it or, if identified within the CC&Rs, the responsibility of the Association. It doesn't matter who's land it is sitting on.

Why won't you let the feud between your neighbor and you go?

Yes, based on your posts, it appears that they are being an A$$.
Don't go down the same road.

You are bigger then this.

For those who may not recall, this relates to an earlier posting:

http://www.hoatalk.com/Forum/tabid/55/view/topic/forumid/1/postid/221543/Default.aspx

To date, there have been the following posts centered around this one individual:

Subject: Board Member Behavior July 2016
Subject: Help with a board member... Sept 2016
Subject: Advice needed... New homeowner board Oct 2016
Subject: Current or former BOD November 2016
Subject: BOD Recall Petition Nov 2016
Subject: Shared mailbox Nov. 30, 2016
Subject: Code of Ethics Dec 2016
Subject: Censure Dec 2016
And this thread.

MichelleK5 (New York)
Posts: 161

Posted:

It doesn't matter who's right or not anymore, you're becoming obsessed.

Like Tim said, be the bigger person- and unless they're actually taking your mail, forget the holiday decoration issue.

KP3 (Texas)
Posts: 124

Posted:

Quote:

Posted By TimB4 on 12/12/2016 2:50 PM
KP,

As answered in an earlier thread, the mailbox housing would be a shared responsibility between those who use it or, if identified within the CC&Rs, the responsibility of the Association. It doesn't matter who's land it is sitting on.

Why won't you let the feud between your neighbor and you go?

Yes, based on your posts, it appears that they are being an A$$.
Don't go down the same road.

You are bigger then this.

For those who may not recall, this relates to an earlier posting:

http://www.hoatalk.com/Forum/tabid/55/view/topic/forumid/1/postid/221543/Default.aspx

To date, there have been the following posts centered around this one individual:

Subject: Board Member Behavior July 2016
Subject: Help with a board member... Sept 2016
Subject: Advice needed... New homeowner board Oct 2016
Subject: Current or former BOD November 2016
Subject: BOD Recall Petition Nov 2016
Subject: Shared mailbox Nov. 30, 2016
Subject: Code of Ethics Dec 2016
Subject: Censure Dec 2016
And this thread.

Now I feel ridiculed for asking questions Isn't that what this forum is for?

TimB4 (Tennessee)
Posts: 21,061

Posted:

Quote:

Posted By KP3 on 12/12/2016 3:20 PM

Now I feel ridiculed for asking questions Isn't that what this forum is for?

KP,

Yes, this forum is for asking questions.

We have given options to help resolve the issue.
In reality, based on your postings, this may never be resolved.

You are going to have to deal with this person until one of you moves.
Even more so because you have a shared mailbox enclosure (perhaps a shared fence line as well).

Therefore, in the spirit of trying to help, don't let this consume you.
Deal with the actual issues.
Laugh off the petty complaints.
Ignore the behavior.

Yes, I know it's easier said then done.
Bottom line is that you can't control someones behavior. You can only control how you will respond to it.
Please note, I said respond, not react. One involves thought and the other emotion.

KP3 (Texas)
Posts: 124

Posted:

Sorry, yes he is being an ass and is being rediculous.. Knee jerk reaction here

KP3 (Texas)
Posts: 124

Posted:

I have never seen anyone that age act like this and it's really baffling. They were decent neighbors until this. I do (and have) appreciate the advice given by you all..

TimB4 (Tennessee)
Posts: 21,061

Posted:

Let me add to continue to treat them like neighbors.
Help out when you can.
Invite them over when you have parties.

That may be the only thing that changes their behavior.
If not, you can always say that you tried.

BobD4 (up north)
Posts: 1,002

Posted:

Quote:

Posted By KP3 on 12/11/2016 8:02 PM
do they own the housing. . . Where can I find a legal answer to this?

KP3 TX 1- Life's so short, respectfully, that maybe it's time to rent a post office box & just re-route your mail permanently. Let the neighbours live with that.

2 - Online Texas property law must address the rebuttable usual presumption that property ownership runs from depths to highest heights, subject to the usual eminent domain stuff & encumbrances in some form of specifics that you can track down.

3 - An issue with private erections sheltering government mail boxes: If they're on government/municipal property without an agreement in place, there may be a S**tstorm of litigation if they are even peripherally involved in some sort of civil damage.

Our no-vires HOA for decades maintained on township roadside, a post & beam KIOSQUE sheltering 8 arrays of community mailboxes. It had no warning signage nor reflectors. The adjacent intersection & roadbeds are compact.

A school bus managed to smash one end, lifting & collapsing the roof. Such would have instantly killed anyone inside. Fortunately no one was.

The HOA's retired engineers here quickly rebuilt it on the same vulnerable spot, again without reflectors etc. It is unclear if they acted on advice to get a municipal approval document at all . . . Maybe your paired shelters are a legally better idea.

KerryL1 (California)
Posts: 14,550

Posted:

This is a serious question from me, KP: Let's say that both you & this neighbor were on the Board of Directors as you indeed are now. But let's say you two did not share this mailbox set up. And let's say two other Owners did share this mailbox set up and came to the Board with this issue.

What would the Board as a whole do in response? What would you two directors contribute in discussing this with your fellow directors?

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