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PeggyH (South Carolina)
Posts: 36
Posted:
I'm not sure if anyone can help with this question, or if we need to consult an attorney. When our subdivision was built, there were three different builders,and none of them bothered to put up a nice sign with the subdivision name on it. We now want to put one up, because of the County Laws, the only place there is to put up a sign, is at the back/side corner of one of the homeowners yards on her property. The homeowner has given her verbal permission, do we need to get this in writing, so we won't have a problem with new owners, if the current owner decides to sell. Do we need to have an attorney draw up something, or can we just type up a letter and have it signed.
DonnaS (Tennessee)
Posts: 5,671
Posted:

You will need to spend some cash to get this done right. I suggest that you get the property signed over to the Association as "common property" as it will need maintenance , etc. That means a whole lot of paperwork, perhaps a survey to define the area and it will need to go thru the residents. You just cannot add property without owner approval. If her property gets sold and the new owners don't want the association on their property, then her generous gesture will be a big headache and you will need to go thru this entire process down the road.
JohnC10 (Arizona)
Posts: 106
Posted:
Yeah, I think the HOA should purchase the property at fair market value.
RogerB (Colorado)
Posts: 5,067
Posted:
Peggy, see if the owner will grant an easement for the sign. If so, get it in writing and file it with the County Clerk.
PeggyH (South Carolina)
Posts: 36
Posted:
It sounds like the easement idea will be the easiest. Do you know what is entailed in this?
RogerB (Colorado)
Posts: 5,067
Posted:
Peggy, we draft a letter which all owners of record sign in front of our notorary public. It includes a plat showing the exact location of the easement on the property. This notorized document is filed with the County Clerk. We request and receive a copy the filed document with its registration number to keep in the HOA files. Total cost ~$80.
BradP (Kansas)
Posts: 2,640
Posted:
Peggy:

I agree with the easment idea. We did that with a sidewalk. We paid what we felt was fair market value for the property and had a lawyer draw up an easment agreement and it is now filed with the county clerk. Since that was done the home has been sold twice, out of courtesy I sent the agreement to each of the new homeowners. Putting it in writing is a must, you need to guarantee that a new owner can't come in and tell you to take it down.
JohnM3 (Florida)
Posts: 288
Posted:
Sorry Roger in Florida you have to have :
a. A survey of the area ($150)
b. Permission from your docs to acquire land
c. Permission from the city to install the sign ( 200-1500 dollars)
d. Pay impact fees to Police, Fire and Building Depts ( Cost us 600 bucks)
e. Get the sign manufactured ( we used sandblasted signs.com ) they did all the signs for Disney world in florida $6200 dollars
f. Hire a contractor to install the sign ( $2500) per sign
g. Hire an architect to do the plan ( $500) for the sign laocation
h. Find out from your city the maximum height allowed Sanblasted signs helped us with that info
I. Budget that item in your yearly budget ( We spentalmost $10,00 by the time we were done)
j. Hire a good cheap electrican to do the lighting for the sign. I recommend using Metal Halide fixtures

Please use contrasting colors do not use gold it becomes invisible at night.
Email me and I will send you pictures of our signs they are beautifull. Keep this in mind the manufacturer will tell you no big deal put 2 pvc pipes in the ground then slide the sign down into the tubes and install 1 bolt in each tube. Bull say I . I was and am the project manager on all our construction jobs. Balance of the BOD are housewives working full time. I am a electrical contractor own my own business.
No matter what you are told get a Rabbi in City Hall and a expediter on the city payroll to run interferience for you. They are nightmares to deal with but you may get lucky like I did. Please give plaques to those who help you it makes life a lot easier for future building projects. Assign 1 person on your BOD to be Project Mgr to attend meetings and make descisions. Remember they ( Your city) loves to have nothing to do with HOAs. But you do make there lives a lot easier......
Good luck send me a email and I will try to steer you away from horrors that I landed in ( Usually the city bldg depts)
PeggyH (South Carolina)
Posts: 36
Posted:
Roger, Is there a place on line that I can find a letter form that we can get the owner to sign? I'm in the process of getting a copy of the survey map from the builder, do we just need to mark on it where the easement is and the dimensions?
RogerB (Colorado)
Posts: 5,067
Posted:
Peggy, following is an example for a sign easement. Exhit A should include the plat with the specific location and arial extent of the easement plus the legal description of the property.

------------------------------------------------------------------------
We the owners of record do hereby grant, bargain, sell and convey to ________________, its successors and permitted assigns, a perpetual, non-exclusive easement on which to construct, reconstruct, operate, use, maintain, repair, replace and/or remove a certain sign monument, lights, and related facilities and appurtenances thereto, including any required underground electrical utilities to serve the same, in, to, through, over, under and across a portion of the Owner's real property located as more particularly described and shown in Exhibit A.

_______________________________________________________________
(name, signature, & date)

_______________________________________________________________
(name, signature, & date)

STATE OF COLORADO )
) ss.
COUNTY OF DOUGLAS )

The foregoing instrument was subscribed and sworn to me by (name) as owner and by (name) as owner of the property at (location) on this _______ day of (month), 2007.

Witness my hand and seal.
My commission expires: ____________________________

____________________________
Notary Public
PeggyH (South Carolina)
Posts: 36
Posted:
Roger, thanks so much for the info, it will save me a lot of leg work.
DaneC (California)
Posts: 210
Posted:
JohnM3
I must say your post was one of the most informative I have seen in this forum. Wow, a sign $10,000.00 later, wow.
KellyC3 (Florida)
Posts: 39
Posted:
You can also get with your HOA attorney and see if an easement agreement with stipulation applied that the HOA will maintain the area and the sign.

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