Common Use Easements

Started by KateO • 5 replies • 1461 views

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KateO (Maryland)
Posts: 2

Posted:

Two questions:
1) I believe a HOA was created for the Maryland subdivision in question in the 1970s but can find no record of it. I've found records for other HOAs created in the same town at the same time. Any ideas as to where else I can look?
2) My question concerns the strips of land behind rows of townhouses in a subdivision that are described as "Easements for the Common Use." According to the plat, the developer established "the easements as shown for the common use of all residents of the subdivision." Are such easements dependant on the existence of an HOA? If so, what happens if the HOA dissolves? Also, is it true that the individuals whose property abuts the common use easements should not be permitted to erect fences and buildings on such property? Know of any support for that?

Thanks and great forum.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Kate,

The answers to your questions would be found in the gov. docs.

In most docs members are barred from building on common areas. The common areas are owned by the assn. If the assn were to dissolve they would first have to dispose of the common areas.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Are you saying that your HOA does not exist? Has no Board? Has no bylaws?

If you are looking to prove its existence, you can contact your state Attorney General office and ask where all corporations are filed. Call that office and look up your HOA's name. If they ever filed and establishment of one, it would be under a not-for-profit corporation.

By the way, where did you find the verbiage for the "common areas"?

KateO (Maryland)
Posts: 2

Posted:

I've been told that the HOA has dissolved and have no idea where to find the bylaws, etc. I cannot find the HOA listed in my state's corporation listing from any time. The verbiage is from the subdivision plat. Bizarre.

BradP (Kansas)
Posts: 2,640

Posted:

Kate:

You may want to check with your local counties register of Deeds. That is where all of our documents are recorded. Bylaws may not be there, but the CC&R's will be. From there you can start to trace the history, or lack thereof, of your HOA. Obviously meeting minutes, association documents probably won't be there but you might be able to uncover a trail of people that can lead you to it or confirm it isn't in existance. Good luck

JimH5 (Indiana)
Posts: 17

Posted:

We live in a condo community that has three phases of development, we are in phase one, the others have not and will not be completed for several years. The land was sold by the original developer to another one, but construction keeps being put off and is now at least three years away. The current developer is in the process of turning phase one over to the homeowners, he must disolve the current association in order to do this, I believe he has no choice since he will not be able to meet the requirement of completing the project within five years. We have common areas that are on the property that is known as "phase two", the main part of this area is a garden with a fountain which the homeowners have maintained through their dues. The developer is now is telling us that this area no longer belongs to phase one owners and will now be his property but that he plans to leave it as it is for now. Do we have any recourse to see that this area can be retained for our future enjoyment? We are in Indiana.

Jim

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