Common Area Plat Recording Error by City

Paul,

That is a legal question that needs to be asked of an attorney.

I suspect that the City has the right to require payment based on the recorded documents until such documents are changed or challenged and changed by a court of law.

could be a special tax district.

My question would be same as LarryB13 ... Why is city involved in HOA? As a general rule the city would implement an HOA for the subdivision so they do not have to monitor. The city in essence puts future regulations on the homeowners who must meet or exceed the city ordinances.

If your HOA does not own the property and it is not attached to your property titles. Then I would contend you are not responsible for maintaining. I am not an attorney and that is only my personal opinion.

Paul,

I think you and your neighbors are the victims of an ignorant developer and a negligent city who allowed this to happen.

There are many solutions but the simplest one would be to amend both sets of CC&R's so that you end up with one set that covers maintaining the common areas. This assumes that there is a provision in both CC&R's to amend them and that enough owners will agree to an amendment. This will not change the recorded plats but without seeing them and the CC&R's it is not clear what action, if any, should be taken. I would suggest a consultation with a real estate attorney to remove all doubts.

Somewhere towards the other end of the scale would be to take it all to court to reform all the plats and CC&R's. This is expensive and time-consuming; you and your neighbors will pay a high price for not being able to work together.

Sounds like our Community, our section doesn't have a HOA but was granted a common space by the new builder of the rest of the development after buying out all the property around our section, new developer attempted to resurrect a dysfunction ate HOA. section challenged them and the new developer had to come up with new HOA and name and exempted all lands of the original development, and once they did that they still used the community name and had to correct the deed plat of our section common area that was actually owned by the city, since our HOA was never activated or even completed being developed.

Hence that section is YOUR HOA responsibility now and forever more unless you can get them 100% voluntary join them, that is unless when started developing those new sections yaws made a new community up not a HOA Name but a Entirely different community and made a new access to it. This HOA legally has to pay for our street repairs, our sewage and street lightings. They've been trying for over a decade now to get/force us into their HOA, and the only thing they've accomplished was huge legal bills and they're getting bigger and bigger every time they try.

All they need to do is tell you show us in writings we've acknowledged were in a HOA, sure you can point to recorded deed restriction and we point at it too and at our contracts we've signed, our actually entire section on our warranty and deed states a deed restriction of where the original developer bought land off someone would be something for them to fight if one or a couple were allegedly deeded wrong.. but Never a Complete Phase, section.

3 lots just not worth the fight and cost for legal issues. 25 years and now you want to change it? Good Luck. best you can hope for is to approach them and ask them to join and provide them with legal documents their time in the HOA just started on this date. Yet chances them joining is slim to none. Who knows you might find someone looking for a HOA fight and knows how to drag it out in time and costs and they know their going into this HOA issue and knowing their going too win. That HOA here tried everything in the book and even tossed in the kitchen sink.

We'll they can force you to pay for mowing's because of the weeds heights in them if not kept.

James,

The issue here is under what authority does the city compel a person, such as Paul, to maintain property that he does not own?

Usually city agreements with developers for tax breaks if they finish their community in a certain time frame, now say if the developer puts that clause in a recorded deed restriction even by accident of it and say a new developer doesn't finish the development or record an entire plat of the proposed development by that stipulated time of the original plans for the HOA community. that one section or those sections under an Old developer recorded deed restrictions breaks the tax's break for the developer of the original development and their lots in it.

Say off topic the new developer missed that say 10 year dead line by just a few months only they had a agreement with the city to finish their HOA plans. Any further deployment are now under a New HOA and by some state laws have to maintain even section's that are not in a HOA but in their community.

There's so many things that can go wrong designing a HOA, some sections are exempted from them due to the silliest of things if the developers just dot their I's and cross their T's. or they just do it on purpose to mess with a new builder that bought up land around their development.