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AlanH2 (Colorado)
Posts: 30
Posted:
The first filing plat map of this rural (35 acre lots) Colorado HOA states the roads are for "public use and utilities". Later additional plats that added other lots state the roads are for "tract owners". The covenants state the HOA owns and maintains the roads until accepted by the county. Of course the county
will not accept them as they are not up to county specs and they don't
want to maintain them. Are these roads open to the public? The sheriff
says yes the HOA says no. This is not a gated community and outlets to the county roads are open. Looks like it is going to court. Any thoughts???
RogerB (Colorado)
Posts: 5,067
Posted:
Alan, my guess would be the roads are privately owned until such time as they are dedicated to the County. However, if the first plat dedicated the road for public use and utilities that could seriously cloud who may use the road. What is the problem which justifies going to court? Would a privacy gate at the entrance be a solution?
AlanH2 (Colorado)
Posts: 30
Posted:
Roger,
The HOA is suing to keep others out of the subdivision that are not
tract owners. Seems ridiculous to me. The roads have been used by the
public for 20 years and now the HOA wants to control who uses them. I believe
they are going to have a difficult time since the first 4 plats give
"public access". Plats 5 through 14 says the roads are for tract owners.
I believe they will find out they are public roads even though they
maintain them. I may be wrong but it seems like a common sense thing to
me. They do not want to gate the roads because of the hassle.

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