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common area

Started by LarryM12 ā€¢ 19 replies ā€¢ 636 views

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LarryM12 (Idaho)
Posts: 6
Posted:
Good afternoon, Our HOA is currently and has been for quite some time paying to maintain property that does not belong to the association. The property in question is currently owned by several members including the developer and investor, and some regular members. I don't believe that our dues or any other fees we pay should go to the maintenance of privately held property. Our current board says this is a common area, however as I have stated this property is not owned by the association. Can dues be spent on private property? Thanks
AugustinD
Posts: 5,144
Posted:
Dues are not supposed to be spent on private property. It is possible your HOA's declaration is explicit on the point, saying something like: 'the purpose of the assessment is to pay for the cost of maintaining common areas... "

The first thing I would do is go to the County Clerk and get a copy of the plat. Plats are detailed and show who owns what. Nationwide, County Clerk offices typically have staff who have, as one of their duties, helping members of the public who have questions like yours. Review the plat and confirm that this property is not common area. Make a copy. Report back here.
AugustinD
Posts: 5,144
Posted:
LarryM12, please confirm: Has your HOA been turned over to member control? Does your HOA Board have only members (and no developer representatives) on it?
LarryM12 (Idaho)
Posts: 6
Posted:
Hi Thanks I have done that and there are no deeded common areas. In your opinion is it in any way legal for this to be allowed?
LarryM12 (Idaho)
Posts: 6
Posted:
Hi the hoa is homeowner controlled with an ad hoc position on the board for the developer and he controls exclusively the AAC
KerryL1 (California)
Posts: 14,550
Posted:
Why does the hometown controlled board have the developer on it in an "ad hoc" position? what does ad hoc mean in this usage, i.e., what does the developer do in this position? Do your bylaws even allow such a "position?" Why does he control the ACC?

If your HOA has ni common areas, what do you need an HOA for? Something's missing in this picture.
KerryL1 (California)
Posts: 14,550
Posted:
Why does the hometown controlled board have the developer on it in an "ad hoc" position? what does ad hoc mean in this usage, i.e., what does the developer do in this position? Do your bylaws even allow such a "position?" Why does he control the ACC?

If your HOA has ni common areas, what do you need an HOA for? Something's missing in this picture.
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By LarryM12 on 02/02/2019 1:12 PM
Hi Thanks I have done that and there are no deeded common areas. In your opinion is it in any way legal for this to be allowed?


Does the plat show the piece of land in question, and that it does not belong to the HOA?
LarryM12 (Idaho)
Posts: 6
Posted:
The position is per by laws and there is no definition or list of duties. He just holds a permanent position on the board. This was obviously set up to maintain some control of the development
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Larry - I think you are going to need to provide much more information - quotes of the specific components of the Bylaws and CCRs would be helpful. Per the forum rules, please don't mention the name of your association.
LarryM12 (Idaho)
Posts: 6
Posted:
Any hoa does more than maintain common areas. It insures the car,s are met when new homes are built and properties are maintained. The area being maintained is a portion of several lots along our road system. They are planted in grass and trees. These lots per county record are privately held to the road bed but instead of the property owners maintaining their portions the hoa is paying for it from dues. The question is not if the property belongs to the hoa. I know it does not. The question is can the hoa maintain this property from association dues?
AugustinD
Posts: 5,144
Posted:
Kerry's questions are mine. It does sound like the Declarant (developer) may still have some legal control over unsold lots. Larry, if you are saying, 'no way,' then write a polite letter to the board and ask for an explanation.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Sounds like this association is still under developer/declarant control.
LarryM12 (Idaho)
Posts: 6
Posted:
sounds like a lot of you folks don't know and just like to jabber
KerryL1 (California)
Posts: 14,550
Posted:
Actually, everyone is trying to help,Larry, but we need more info. The exact language of this "ad hoc" position for the developer, for instance You're saying permanent, but "ad hoc" means temporary or for a certain period of time and in the usage I've seen refers to committees not persons. But...I dunno.

Nw, our developer has a permanent position as a director on your board per our bylaws because they own our commercial spaces, about 5% of our HOA. But if he even shows up at meeting, which is rare, we 6 residential directors could outvote him except for a few very specific commercial matters.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Larry,

Seriously? Jabber?

Iā€™m done.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By LarryM12 on 02/02/2019 1:03 PM
Good afternoon, Our HOA is currently and has been for quite some time paying to maintain property that does not belong to the association.

Then stop paying.

Quote:
Posted By LarryM12 on 02/02/2019 1:03 PM
The property in question is currently owned by several members including the developer and investor, and some regular members.

Lawyer.
DouglasK1 (Florida)
Posts: 2,046
Posted:
Does the association have any kind of easement on the property in question? For example, in our association the perimeter wall is on member lots, the association has a 5' strip easement along their back property lines. It is identified as a wall/fence/landscpaping easement. The association maintains that wall, and the landscaping outside of the wall.
Escaped former treasurer and director of a self managed association.
RoyalP
Posts: 1,104
Posted:
Perhaps the HOA has a landscaping easement.

What does the CCR say regarding 'community landscaping?

How does the community look?

Would you like a hodgepodge of individual landscaping along the roadway?

How much money does it actually cost to maintain a uniform, manicured, appealing community perimeter?

ps. let the Jabberwocky continue
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By DouglasK1 on 02/03/2019 7:04 AM
Does the association have any kind of easement on the property in question? For example, in our association the perimeter wall is on member lots, the association has a 5' strip easement along their back property lines. It is identified as a wall/fence/landscpaping easement. The association maintains that wall, and the landscaping outside of the wall.

Yes, look for easements. We have one granting us the right to use a private roadway to get to the main public street, in exchange for which we are totally responsible for the maintenance of that roadway. Our lawyer told us that such agreements are very common. If there is one involved in this case, it should be recorded with the county, so that would be the place for the OP to start looking.

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