Maintenance of easement

Started by ArtL1 • 8 replies • 1013 views

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ArtL1 (Florida)
Posts: 140

Posted:

I feel only slightly less ridiculous than Clinton saying "It depends upon what the meaning of the word 'is' is."

Someone noticed on the plats for our HOA, in the notes:

"The 5 foot wide wall easement along the exterior plat property lines is to be maintained by the Homeowners Association for use as a wall and landscaping buffer."

They're now suggesting this may mean the HOA (we're gated) is responsible for landscape maintenance of the 5' wide easement on any homeowner lot that borders the exterior edges of the HOA.

Does "maintained" here mean to care for (cut the grass, treat for weeds, trim trees), or to keep indefinitely, as in the HOA will never terminate this 5' wide wall easement?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I read it to mean the HOA has a 5 foot radius of which must be maintained by them. That means that it's common property. Basically, the HOA can enforce rules, maintain, and keep landscaping in that 5 foot area. Best off hand example: HOA put up "Grecian Urn planters" beside every doorway entrance. The HOA is to maintain those and keep up the aesthetics of that "look". So if an owner decides they hate the planters, they can't just remove them. Nor can they replace them without approval/matching existing ones. The HOA may refresh the flowers or have it an owners choice.

Former HOA President

PaaN
Posts: 219

Posted:

if the HOA has an easement AND said easement is to be maintained as a LANSCAPING BUFFER .....

D'OH

stop twisting and turning and start maintaining

sheez

even when actually written in plain simple language the Ka-Ka will ensue

if you don't like it where you live, take Judge Judy's advice and MOVE

ArtL1 (Florida)
Posts: 140

Posted:

Quote:

Posted By PaaN on 09/16/2018 7:14 AM
if the HOA has an easement AND said easement is to be maintained as a LANSCAPING BUFFER .....

D'OH

stop twisting and turning and start maintaining

sheez

even when actually written in plain simple language the Ka-Ka will ensue

if you don't like it where you live, take Judge Judy's advice and MOVE

It's primarily a wall easement (gated community of several hundred homes). The idea that the HOA would need to have its landscaping company mow the back 5' of every perimeter lot doesn't seem feasible. And then there's the question of how to deal with lots that have fenced their back yard all the way to the HOA perimeter wall/fence (i.e. no way to access the wall easement regularly for "maintenance".)

DouglasK1 (Florida)
Posts: 2,046

Posted:

Quote:

Posted By MelissaP1 on 09/15/2018 10:30 PM
I read it to mean the HOA has a 5 foot radius of which must be maintained by them. That means that it's common property.

An easement is not common property. Common property is owned by the association, an easement granted to the association by definition is not.

Escaped former treasurer and director of a self managed association.

PaaN
Posts: 219

Posted:

If they have walled off access to the easement, they can be required to remove said barrier.

sometimes the truth hurts

PaaN
Posts: 219

Posted:

walled off = fenced off

gdf no edit

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Art

How are the both sides of the wall presently being maintained?

ArtL1 (Florida)
Posts: 140

Posted:

Quote:

Posted By JohnC46 on 09/16/2018 11:32 AM
Art

How are the both sides of the wall presently being maintained?

Depends on what you mean by maintained.

Depending on the location, it might be a wall separating the HOA from a public road. In that case, the HOA maintains the exterior of the wall and anything "outside" the wall on HOA property. In theory, the homeowner is responsible for cleaning the inside surface of the wall, and the HOA is responsible for making sure the wall is intact.

In some cases, it's PVC fence separating our HOA from another. In that case, presumably the homeowners on each side of the fence clean the fence (our docs actually require that of our members), but the HOA is responsible for maintenance of the fence (i.e. repairing physical damage to it).

In some cases, it's PVC fence separating our HOA from an undeveloped tract of land not part of the HOA. In those cases, our member is still responsible for cleaning the inside, nobody does anything about the outside, and the HOA is responsible for keeping the fence intact.

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