HOA common area

Started by StephenB14 • 11 replies • 517 views

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StephenB14 (South Carolina)
Posts: 4

Posted:

Our Neighborhood in South Carolina has three different tracts all labeled as common areas. Two of the three areas have public access and are maintained by the association through our monthly dues. The third area is a strip of land behind approximately 20 houses and has no deeded public access. (it is as if we all have extended backyards) but it is a designated common area. The HOA has no way to maintain the lawn portion of this area. We (individual homeowners) must mow, weed, trim and water each section that is directly behind our rear yards. They HOA has implied that they appreciate how we do this, but cannot compensate for the time and effort and cost to do so. Our bylaws clearly state that it is up to the HOA to maintain all common areas including this tract behind the stated houses. Yet they insist on enforcing that no improvements of any kind are allowed in any of the common areas by any homeowner. Several yards in the maintained common areas of added landscape lights, bird houses on fixed posts, wind chimes etc. The HOA has strictly enforced the ban of these non structural objects from our common area that has no public access. If we are maintaining this area of land should we be compensated? Do we have the right to improve this area with similar items as other homeowners have done in their adjacent common areas?

JohnT38 (South Carolina)
Posts: 1,631

Posted:

It sure would help to know why the HOA has no way to maintain this area.

CathyA3 (Ohio)
Posts: 6,299

Posted:

If I had to guess - and it's just a guess - this third area may have utility lines running through it, or may be needed for storm water drainage, or may have some other feature that made it unsuitable for developing.

If your CC&Rs state that the HOA is supposed to maintain all common areas but they don't have access to the area, that's a problem. Why can't they get to it? Typically the HOA would have an easement that allows them access to areas that are their responsibility, but there should be language in your CC&Rs that talks about easements. You may also find applicable legal agreements on your county recorder's web site.

In short, I think we need more information.

It's often a bad idea for HOAs to use volunteers to do physical work on common areas because of the risk of injury and subsequent lawsuits. If the HOA doesn't carry adequate insurance such as workers' comp, they may be setting themselves up for a painfully expensive lession.

In general, individual owners may not improve common areas without approval from the HOA. Owners who ignore this can be required to remove any unapproved modifications at their own expense, so don't assume there will be no consequences.

SheliaH (Indiana)
Posts: 6,964

Posted:

That sounds odd almost as if the developer intended to put another set of houses in the area, or used it as access for trucks and stuff when the community was being built. Are you sure there isn't some sort of path somewhere that a riding mower can't get through to take care of the prooerty? If so, theres no reason why the board can't add that land to the lawn care line item in the budget.

If not, I don't think you should be compensated because there would be tax implications that could muddy things for you and your neighbors and the association. I think it would be better to divide up the land accordingly and turn it over to those homeowners or at least charge a rock bottom price for it.

However, this may also require a surveyor to help determine what the size of each lot should be and then there's working with the county recorder and maybe zoning, and certainly whoever figures up property taxes because yours will have to be adjusted to cover that plot. It may be someone looked into this a long time ago and decided the association didn't have the money for all that or the affected homeowners didn't want to spend it either, saying never mind, it's easier to just mow it.

t least charge a rock bottom price for it. That will probably require some sort of filing with the county recorder and maybe zoning would have to get involved. In short, a considerable amount of money the board doesn't want to spend or the association doesn't have the money.

Nevertheless, I think they should look into it and if they'd prefer to sell the land, come up with a decent price that would cover the cost of converting this land and skip the profit. You may want to run neighbour reviewer's office and zoning to see what the cost would be, then discuss it with th board. In light of the land's location, maybe the cost is less than they think.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

StephenB14 (South Carolina)
Posts: 4

Posted:

John, Pulte homes built an extra house at one end of the street and that cut off the only deeded access to this common area. If the HOA was to maintain it now they would have to get permission from several homeowners to allow work crews and equipment (movers, thatchers, mulch etc.) to go over their private property to get to the common area. Pulte never created another access point to this entire area.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

A diagram would help for sure.

I’m thinking there must be access enough for a lawnmower.

StephenB14 (South Carolina)
Posts: 4

Posted:

CathyA3 there are no power lines, gas lines, cables etc. Pulte homes squeezed in an additional house and in doing so ended (cut off) the only public (deeded) access to this common area. This is a long narrow strip of land (15 feet deep and 25 houses long that looks like a planned part of everyone's backyard. It was sodded and had privacy trees planted by the developer. If you didn't know any different you would think everyone has a longer backyard. They only way for the HOA to get our regular lawn company back to this area is through someone(s) private property. This of course could cause problems with heavy mowing equipment going between houses to access this area.

StephenB14 (South Carolina)
Posts: 4

Posted:

GeorgeS21, no believe it or not the only way to get to this long strip of land (common area) would be to go through the area between two existing homes over their property.

CathyA3 (Ohio)
Posts: 6,299

Posted:

I think that I agree with Sheila about the HOA selling the land to the adjacent property owners at cost if you can get all of the pieces to align. I'm saying "if" because this may involve a lot of legal maneuvering, and the HOA will have the pay their attorney for it - some may feel it's not worth the cost.

* The zoning commission and others will have to approve.

* The membership will need to approve selling the land (percentage specified in CC&Rs or in state law) and the adjacent homeowners have to approve (unanimously?) buying it.

* The CC&Rs will have to be amended and the amendment recorded.

* Plats will need to be re-drawn and taxes re-assessed.

If this doesn't work out, the HOA should talk to their attorney to come up with a lawful and fair way to deal with this. Negotiate an easement with one or more homeowners so that the HOA can get lawn mowers back there, maybe? Ask whether it's too late to go after Pulte for creating this mess? (The HOA may want to avoid legal wrangling, though.)

You don't want homeowners handling maintenance of common areas because of liability issues, so selling the land really does seem like the best option.

JohnT38 (South Carolina)
Posts: 1,631

Posted:

Quote:

Posted By StephenB14 on 05/02/2020 1:50 PM
John, Pulte homes built an extra house at one end of the street and that cut off the only deeded access to this common area. If the HOA was to maintain it now they would have to get permission from several homeowners to allow work crews and equipment (movers, thatchers, mulch etc.) to go over their private property to get to the common area. Pulte never created another access point to this entire area.

Thanks and that's a tough situation. If you push this about the only option I can see the HOA would have is to plant trees and possibly other vegetation and declare that it is now a natural area. You and the neighbors may not like this but one could argue that the Board has now 'solved' how this common area will be used. If it was done right these homes would now back up to a 15 foot strip of woods.

CathyA3 (Ohio)
Posts: 6,299

Posted:

Come to think of it, about Pulte: there would have been a bunch of legal agreements and plats and whatnot that were filed when the community was first developed, and copies of these things were given to buyers. Pulte couldn't just decide to plop another house in the community at the last minute. For one thing, this should have required approval from the membership because it changes percentage of ownership/assessments (yes?). It would have required amending legal documents and providing them to the current homeowners.

It really may be worth turning over this particular rock and seeing if anything useful crawls out.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Or, perhaps, review the deeds or all those properties to see if there is an easement through one I’d more of them.

Or, an agreement between those 25 owners to rotate access to the HOA for maintenance?

Still trying to determine, unless the properties are in a circle, his there can’t be some access?

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