Hoa redesignation of plat

Started by AvinashS • 8 replies • 480 views

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AvinashS (Washington)
Posts: 3

Posted:

We have a big lot which builder apparently designated as drainage area. The lot itself is owned by HOA. The builder when selling houses told us we could build playground and some homeowners spend the time there as it's safe, and beautiful. But there is concern by adjoining neighbor that no one can access it. How do we go grant access to homeowners for like picnic , bbq or kids play in the meanwhile instead of spending a lot of money upfront? Who should we contact in Snohomish county for the same, like do we need any legal assignment.

TimB4 (Tennessee)
Posts: 21,059

Posted:

If you mean that there is no access without trespassing on somebody's private property, I would say to forget the idea of establishing any amenities there. The other option would be to purchase some property by the adjoining owners (a fair amount of money to subdivide the lots - which may or may not be allowed by your governing documents) and build access.

If you mean that there is no access because of no trail or road, then you can build those on common area.

AugustinD
Posts: 5,144

Posted:

AvinashS, if this is a drainage area duly recorded as such with the County or City on, say, plats, then for one thing, particular limitations on how much impermeable surface may be laid on this lot may apply. For example, sidewalks might not be allowed. Your board should have a representative contact the county land use department and the city land use department (or equivalently titled departments) and ask whether the county or city must approve construction of a playground on the lot. To find contact information for your questions, and for Snohomish County, I think I would start here: https://snohomishcountywa.gov/5169/Planning-Development-Services

LetA (Nevada)
Posts: 2,679

Posted:

I agree with Augustine, I would consult with a civil engineer. Since the land has been designated for drainage and runoff, the land may be unsuitable for any structures.

AvinashS (Washington)
Posts: 3

Posted:

There is access through a private road but I believe its designated as access for county and for maintenance.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Avinash,

Have you examined the county plat for roads? Stormwater management, if any?

Developer plat?

You must do this before this can make sense.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By AugustinD on 09/05/2020 6:37 AM
AvinashS, if this is a drainage area duly recorded as such with the County or City on, say, plats, then for one thing, particular limitations on how much impermeable surface may be laid on this lot may apply. For example, sidewalks might not be allowed. Your board should have a representative contact the county land use department and the city land use department (or equivalently titled departments) and ask whether the county or city must approve construction of a playground on the lot. To find contact information for your questions, and for Snohomish County, I think I would start here: https://snohomishcountywa.gov/5169/Planning-Development-Services

I agree. Do not believe the developer as to how you can use the drainage area.

AvinashS (Washington)
Posts: 3

Posted:

I did some more research. The county is willing to change the plat to recreation. Our CCNR has a clause for private easement access to recreational area. But county still needs neighbors to grant easement. Won't the CCNR easement be enough? I kinda feel bad for the community and homewoners that we can't do anything with the land due to a builder miss. And those neighbors are kinda abusing their access by using the land for their own purpose, which if we want to monitor would require some additional tech like battery operated cameras.

DouglasK1 (Florida)
Posts: 2,046

Posted:

Can you provide the exact wording of the easement?

Escaped former treasurer and director of a self managed association.

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