Giving/selling common ground to homeowner

Started by RoxanaW • 6 replies • 569 views

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RoxanaW (Oregon)
Posts: 1

Posted:

Our HOA is in Oregon. We have a h/o who wants to build on to his garage which would take 100 sq ft of common ground. We found an incident in 1997 where a h/o was given 280 sq ft of common ground for an addition. No evidence of any vote by community. Did this set a precedent? Are we obligated now (since h/o is saying precedent was set) to allow expansion of his home onto common ground?

Roxana Williams

AugustinD
Posts: 3,698

Posted:

Quote:

Posted By RoxanaW on 05/24/2021 4:48 PM
Our HOA is in Oregon. We have a h/o who wants to build on to his garage which would take 100 sq ft of common ground. We found an incident in 1997 where a h/o was given 280 sq ft of common ground for an addition. No evidence of any vote by community. Did this set a precedent? Are we obligated now (since h/o is saying precedent was set) to allow expansion of his home onto common ground?

-- The HOA has no such obligation.

-- Any competent HOA attorney would order the board never to give away common ground, on account of liability reasons.

-- Usually what is and is not common ground is shown on plats //on file with the county//. The plats have enormous legal meaning. Were the plats amended back in 1997? I bet not.

-- Since the typical HOA declaration references the plat, informally changing (or attempting to change) who owns common area amounts to an amendment of the declaration, requiring a vote of the membership.

-- Your HOA's board blew it in 1997. But this does not mean a HOA member can reference the 1997 mistake and say, "Hey, I want some common ground, too. Because of what happened in 1997, the HOA has to give it to me." Wrong.

-- The Board should consult the HOA attorney about the 1997 screwup and if it needs to take any action.

CathyA3 (Ohio)
Posts: 6,299

Posted:

What Augustin said.

TerryS6 (Pennsylvania)
Posts: 13

Posted:

Generally agree with comments by AugustinD.

By observation, annexation clauses are common. As are references to property 'repurposed' via eminent domain.
But, selling and/or giving away a piece of the commons to build an addition? Can't imagine all the steps that would be required to legally accomplish the transfer. There would have to be a lot of documentation. Also,
did the old board waive the architectural standards for your units?

Judging from your inquiry, the hows and whys of the previous boards actions are missing. Would agree with,
AugustinD, looks like the old board went rogue.

CathyA3 (Ohio)
Posts: 6,299

Posted:

Could adverse possession come into play here? Firmly agree that this HOA needs to consult an attorney promptly.

MichaelS56 (Minnesota)
Posts: 858

Posted:

Who would be responsible for the structure repairs if it sits on Common grounds?

AugustinD
Posts: 3,698

Posted:

Quote:

Posted By CathyA3 on 05/25/2021 5:53 AM
Could adverse possession come into play here? Firmly agree that this HOA needs to consult an attorney promptly.

For the 1997 Board mess-up, I sure am thinking something like 'adverse possession' is going to translate to the HOA not being able to take back the land. Here's one bit of law from Oregon that looks like it fits:
https://www.oregonlaws.org/ors/105.620

If the plats were not changed; no vote was taken; et cetera, MichaelS56's question is just the first of many that will arise when, say, there is a slip and fall on the 1997 common area land (on which a person's home now sits in part) that the 1997 HOA board claims to have given away. The attorney for anyone who hurts herself of himself on this land will be looking for the deepest pockets.

Did the 1997 HOA board even charge the owner money for this 280 square feet of land?

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