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JoeH17 (Ohio)
Posts: 1
Posted:
Hello all!
Our community entrance has a small brick monument with little landscape. The easement for the monument is 30’x30’ and has electric. The homeowner whom owns the front property gets very upset when the HOA wants to use the easement, such as for decorations or even landscape maintenance. I have been verbally reprimanded for being on the easement and not letting the homeowner know ahead of time. Also the homeowner has turned the power off at the box for the lighting because the smaller landscape lights are aiming too low? They have stated it’s their property multiple times. I am always very patient and try to be polite, but it seems to go no where. Does anyone have advise for how to handle this situation? The subdivision is only 3 years old and I am new to the board. I have already reached out to the management company for legal advise which I am awaiting. I have also just phoned a company about a survey to visually mark where the easement is. ( this is because I am afraid the developer has actually placed the monument passed the easement)

Thanks!
TimB4 (Tennessee)
Posts: 21,062
Posted:
Joe,

Respect the homeowners wishes.

The land is not the HOAs. It does belong to the homeowner.
I suspect that the easement is for utilities and the monument was simply built, technically, without proper approvals.

Has the Association done research to identify what type of easement exists?

Typically, an owner may build on an easement but any utility may such improvement out for utility work. This is why the most easements have on them might be a sidewalk, fence or landscaping. All are at risk to be destroyed by a utility and the owner would have to pay to replace.
see:

Property Owners' Rights and Utility Easements

Easements: know your property rights

Can You Build on a Property or Utility Easement?

We (HOA) are putting a monument (5 x 10) on a 40 landscape…

That Pesky Entranceway Sign: Who Takes Care of It?

I will also add that the HOA I have a home in wanted to do landscaping of a sign and was told no by the owner of the property. Research showed the owner had the right to tell the HOA no. Moral: Do your research.

Hope this helps,

Tim
LetA (Nevada)
Posts: 2,679
Posted:
What does your governing documents say? Pay Close attention to the plats. Typically your CC&R's will clearly state all easements, especially if the HOA provides landscaping or snow removal.. Covenants will clearly state that the HOA, The BOD or their agents can come on the property without advance notification ,i.e, cut grass, take a picture for compliance issues. If you are in a condo there are different rules for entering the unit itself.

TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By LetA on 11/23/2020 9:17 PM
Covenants will clearly state that the HOA, The BOD or their agents can come on the property without advance notification ,i.e, ... take a picture for compliance issues.

We were advised by our attorney not to enter private property to take any pictures for compliance (it happened once and issues arose).

We were also advised not to enter the property to resolve compliance issues (do repairs - as many covenants allow) without a court order as this raises the risk of criminal trespassing.

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