Entry wall on corner home lot

Started by AlyS • 1 replies • 194 views

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AlyS (Tennessee)
Posts: 6

Posted:

I'm on a board for a community in Tennessee. The HOA is 28 years old. The house that is next to the entry wall has transferred deed about 5 times. The entry wall needs work. The current owner of that home has stated that the wall is on their lot and that they will repair the wall. I don't know what they want but they asked the HOA to do a survey. Coincidentally, a few months ago they complained that the house behind them has a fence that encroaches on their property. They were told to get a survey and work it out with the neighbor.

I have suggested that we do not need to spend HOA money on a survey. I've heard that it's common for a home that probably was the model home to own some common area. Has anyone had an experience with this? Thank you.

DouglasK1 (Florida)
Posts: 2,046

Posted:

You should find the plat for your development and see what it says. Generally common property would not be owned by a lot owner. In fact, the very definition of common area is that it is owned by the association.

It is very common though for the association to have a wall and fence easement on lots on the outside borders of the development. You would need to find the exact wording of the easement, but it generally allows the association to build and maintain walls/fences within the easement. In my development many of the lots have a 5 foot easement along the back property lines.

Escaped former treasurer and director of a self managed association.

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