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Subject: Conveying Common Area
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Author Messages
ConchoP
(Texas)

Posts:90


03/29/2017 3:42 PM  
We have one common area...I assume it's our an stone entrance with lights.... when we elected our first board isn't the developer suppose to convey the common area to the HOA?
If so how is this done?
NigelB
(Texas)

Posts:194


03/29/2017 6:49 PM  
Posted By ConchoP on 03/29/2017 3:42 PM
We have one common area...I assume it's our an stone entrance with lights.... when we elected our first board isn't the developer suppose to convey the common area to the HOA?
If so how is this done?



This is one of those maybe maybe not answers.

Our developer conveyed three tracts to the HOA, one is a park and two are land on each side of a back entrance to the subdivision.

Our front entrance monuments are ours, they are maintained by the HOA, and we provide landscaping and lighting - BUT the land
they are located on is not ours, it is actually a landscape easement.

You should take a look at your county records to see exactly what the description is of the tract of land where the entrance is
located - it might just be on an easement
JanetB2
(Colorado)

Posts:3061


03/29/2017 10:51 PM  
Look at your docs and State Laws. In my stare developer is supposed to transfer property to HOA before selling any lots or units. Some don't follow this, but when they want to charge $$$ for fees based on the property. LOL ... If not HOA owned how can they charge? When told will not pay fees for property not owned by HOA they generally will transfer in timely manner.
ConchoP
(Texas)

Posts:90


03/30/2017 10:37 AM  
Thank you both

NigelB - you may be right when I look one of the plats it does show a small area call landscape area..and I didn't think it also being part of easement.


So I would assume there would be no transfer "lot/land" ownership, so do we have agreement with the developer for upkeep and paying the electricity on the lighting?
NigelB
(Texas)

Posts:194


03/30/2017 10:49 AM  
Posted By ConchoP on 03/30/2017 10:37 AM
Thank you both

NigelB - you may be right when I look one of the plats it does show a small area call landscape area..and I didn't think it also being part of easement.


So I would assume there would be no transfer "lot/land" ownership, so do we have agreement with the developer for upkeep and paying the electricity on the lighting?




Our monuments located in the landscape easement belong to, and are the responsibility of the HOA for upkeep as is the lighting and irrigation. The monuments and irrigation were installed by the developer who also created the HOA. We later installed lighting.

While the developer did transfer deeds to those tracts of land that are common property to the HOA, I've never seen an inventory of the actual structures owned by the HOA and put in place by the developer. When I took over as HOA Pres, I inventoried those items that we are responsible for maintaining, such as subdivision perimeter walls, irrigation system, playground equipment, etc, but we actually have no records from the developer to show that either the developer or HOA actually paid for those things prior to the HOA being turned over to the community.
JeanI
(Louisiana)

Posts:99


04/12/2017 1:52 PM  
Our developer conveyed some of our private streets to the Association but not others.He is in no hurry because he says our Act of Restrictions clearly states that the Association is responsible for "maintaining" the streets whether we own them or not. We have spent thousands of dollars redoing the streets without developer money and we continue to do so. Should we?
JanetB2
(Colorado)

Posts:3061


04/13/2017 9:18 PM  
Another option is to check with your local City / County Planning Department. They should be able to tell you who owns the property in question and who is supposed to pay to maintain. In most states a Developer usually submits his development plans to the local government agency for approval prior to installing any development. They should be able to help answer some of your questions. Keep in mind you may need to ask some blatant straight forward questions with pretty much yes or no answers. Otherwise they may try to make you beat a bush to death to get a straight answer. I have gone to my County offices and received very straight forward answers, and have gone to local City and had to sometimes beat the bush with a baseball bat (LOL ... not literally) to get a straight answer. The City to some extent while would NOT outright lie would try hard to evade the issue.

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Forums > Homeowner Association > HOA Discussions > Conveying Common Area



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