Get 2 months of free community web site hosting from Community123.com!
Friday, April 19, 2019
Get 2 months of free community web site hosting from Community123.com!
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: who owns what?
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
DavidJ17
(Florida)

Posts:30


02/14/2019 11:00 PM  
i live in a condo complex with a street that is about 1/4 mile long. on one side of the street, there are condo units from one end of the street to the other. on the opposite side of the street, there are condo units only about half of the street. the other half is an open space of grass that is the side yard of another persons house. the house itself is located on another street about 2-3 blocks away with a huge back yard. the side of that yard borders the rest of the half of our street that is 1/4 mile long. (confusing so far?) the street is called 'smith' street. our bylaws docs referenced 'smith' street about 5-6 times. there are not any 'no parking' signs on the side of the street with units half way down the street. meaning, that since our street is 1/4 mile long, half of that has cars that are parked on the street in front of those condos, and the rest of the street does have 'no parking' signs in the open space of grass whose side yard borders our street. some of us were wondering why those signs couldn't be taken away, so there would be more parking available. there was a situation where a car was parked on top of the sidewalk and the police came out to that unit to give that car a ticket, or have it towed, and then he informed us that there was nothing he could do because the condo complex was private property. so that car never got a parking ticket. one of our residents got a reply back from the city a few months back that our complex was private property, and the streets and sidewalks were also private. which is why the police could not give out tickets for parking on top of a sidewalk on private property. our bylaws mentioned this street we live on as 'smith' street 5-6 times. and someone from the city said this was a private community and the streets are private. but when we tried to get the 'no parking' signs removed from the open space of grass whose side of their house borders our street, but we were denied because, i'm guessing our condos were not on that section of the street. however, since our bylaws stated 'smith' street 5-6 times, and the city said our (smith) street was private, shouldn't we have the rights to the entire street to install or remove those signs? are they telling me that a house located 2-3 blocks away on another street, whose side yard borders 'smith' street has more rights to those 'no parking' signs than our condo complex? the same complex that is located on a private street, and that street was mentioned in our bylaws? i hope that wasn't too confusing. lol
LetA
(Nevada)

Posts:663


02/15/2019 12:06 AM  
BRUH!!!! Hit the space bar every now and again.

You need to visit your county recorders office, they will be able to assist you as to who owns what. You will need to look at the plats for the community. in those plats are clearly laid out who owns what.
TimB4
(Virginia)

Posts:16257


02/15/2019 2:02 AM  
David,

You have asked this question a couple of different ways now:

Subject: HOA sidewalks

Subject: *no parking* signs


To find out who owns what, as has been suggested, you need to go to the local property office or court house and review a PLAT of the area. This will show who owns what and where easements are.

DavidJ17
(Florida)

Posts:30


02/15/2019 2:15 AM  
all the scenarios are different situations
SueW6
(Michigan)

Posts:470


02/15/2019 5:40 AM  
Our HOA subdivision requested that the police department be granted police jurisdiction within our boundaries. Find out how to do that so tickets can be issued.
GeorgeS21
(Florida)

Posts:1179


02/15/2019 5:48 AM  
David,

I’ll delay answering until you reformat using paragraphs.
SheliaH
(Indiana)

Posts:2433


02/15/2019 7:28 AM  
Posted By LetA on 02/15/2019 12:06 AM
BRUH!!!! Hit the space bar every now and again.

You need to visit your county recorders office, they will be able to assist you as to who owns what. You will need to look at the plats for the community. in those plats are clearly laid out who owns what.





Thanks for saying that about the space bar (I thought it was just me!)

I'm beginning to think David is fishing for answers until he hits upon the one that concurs with whatever conclusion he's already made.
RoyalP
(South Carolina)

Posts:578


02/15/2019 8:21 AM  
? ya think ?
DouglasK1
(Florida)

Posts:1374


02/15/2019 10:50 AM  
Posted By GeorgeS21 on 02/15/2019 5:48 AM
David,

I’ll delay answering until you reformat using paragraphs.




Using caps where needed wouldn't hurt either.

Escaped former treasurer and director of a self managed association.
GenoS
(Florida)

Posts:2825


02/15/2019 12:23 PM  
Start with the plat of the neighborhood or subdivision. Shouldn't be too hard to find in your county's official records (look for "Plat Books"). I wouldn't be asking any questions at all without having that in front of me.
JohnC46
(South Carolina)

Posts:8195


02/15/2019 4:12 PM  
Posted By SheliaH on 02/15/2019 7:28 AM
Posted By LetA on 02/15/2019 12:06 AM
BRUH!!!! Hit the space bar every now and again.

You need to visit your county recorders office, they will be able to assist you as to who owns what. You will need to look at the plats for the community. in those plats are clearly laid out who owns what.





Thanks for saying that about the space bar (I thought it was just me!)

I'm beginning to think David is fishing for answers until he hits upon the one that concurs with whatever conclusion he's already made.




Very typical out here.
DavidJ17
(Florida)

Posts:30


02/16/2019 5:32 PM  
I've heard that several times before that an HOA can authorize or contract with Police to enforce some laws in our neighborhood. But it still irks me that laws can be broken just because it is a private community.
TimB4
(Virginia)

Posts:16257


02/19/2019 2:44 AM  
Posted By DavidJ17 on 02/16/2019 5:32 PM

But it still irks me that laws can be broken just because it is a private community.




I expect that if you held a friendly poker game in your home you would be upset if the police showed up and enforced gambling laws.
DavidJ17
(Florida)

Posts:30


03/16/2019 7:54 PM  
Would that be strip poker?
DavidJ17
(Florida)

Posts:30


03/16/2019 8:15 PM  
The Plat I was reading says the City approved the construction of our Condos to be built 30 years ago. After that, is the Developer on their own, or does the City approve just about everything the Developer does? The Developer only allowed 2 parking spaces per Unit, but allows in our bylaws, up to 4 people to live in a 2 bedroom, and 6 people to live in a 3 bedroom.
Is that the norm back then? Was the Developer thinking that the other 1 or 2 people living in a Unit already with 2 people would never get a car? Not sure if I understand he logic behind that. Unless there were side streets to park all these extra cars.
LetA
(Nevada)

Posts:663


03/17/2019 7:08 AM  
Posted By DavidJ17 on 03/16/2019 8:15 PM
The Plat I was reading says the City approved the construction of our Condos to be built 30 years ago. After that, is the Developer on their own, or does the City approve just about everything the Developer does? The Developer only allowed 2 parking spaces per Unit, but allows in our bylaws, up to 4 people to live in a 2 bedroom, and 6 people to live in a 3 bedroom.
Is that the norm back then? Was the Developer thinking that the other 1 or 2 people living in a Unit already with 2 people would never get a car? Not sure if I understand he logic behind that. Unless there were side streets to park all these extra cars.





Well, to be frank, right now my HOA is dealing with a "party house" that got rented out to 8 college kids. Because nobody parks their cars inside their garage, and this house is only one of a few that has a full driveway, that don't park cars in the driveway either. at any given time there are those 8 cars plus their visitors that always park in the street. They taking away parking for other owners that have a 3rd car because they have a kid that goes to school or has a border that drives.

There really is no magical formula for parking, and nobody expects a 3 br home to have 6 people living in it and all 6 people having cars.
DavidJ17
(Florida)

Posts:30


03/22/2019 9:53 PM  
"expects" being the operative word here... You are right. Nobody expects 6 people living in a Unit with 6 cars. And only 2 parking spaces per Unit. We have 70 Units, and if just 10 of those Units had 3 or 4 people living there, the street would be totally full. I'm curious as to why the Developer built it this way. I blame the City for approving the construction of our Condos. Doesn't the City oversee everything that goes on?
RoyalP
(South Carolina)

Posts:578


03/23/2019 5:45 AM  
Code = The MINIMUM requirement(s) for a premise to be fit for human occupation.

The key word being "minimum".





code SELDOM is best, or even good, practice - merely minimum standards
KerryL1
(California)

Posts:6308


03/23/2019 8:21 PM  
The fewer parking spaces/undergound parking spaces/carports/garages the developer must put in, the more land to be used for residences, the more $$ the developer makes.
GenoS
(Florida)

Posts:2825


03/24/2019 9:26 AM  
Developers want to maximize their profit. Beyond their glossy sales brochures and pitches they usually don't really care all that much about the problems that crop up later, whether forseeable or not.
RoyalP
(South Carolina)

Posts:578


03/24/2019 10:47 AM  
but, they 'usually' have in fact 'met code'



eg. the purchaser 'thought' chevy impala, actually got a yugo




hence:



CAVEAT EMPTOR
DouglasK1
(Florida)

Posts:1374


03/24/2019 1:20 PM  
Posted By DavidJ17 on 03/22/2019 9:53 PM
Doesn't the City oversee everything that goes on?


We could guess but we have no idea what level of oversight your city provides. Why don't you contact your commissioner/alderman/representative on the city council and find out?

Escaped former treasurer and director of a self managed association.
DavidJ17
(Florida)

Posts:30


03/28/2019 10:50 PM  
I guess my argument has always been that 2 streets bordering our Condo had parking signs with no arrow pointing in one direction allowing cars to park on the street. We already know we can park on the street legally. (without signs) But these 2 streets added signs permitting cars to park on the street. So 2 people move into a Unit with 2 parking spaces. Because of all this extra parking on the street, they might have added a 3rd or 4th person. Maybe buy a 3rd car. Maybe a boat to put in garage and put 2nd car on street. Their kids turn 16 and add a car to the street etc. Years later the City banned parking on those 2 streets. In my opinion, that gave residents a false sense of thinking there was all this extra parking on the street.
Please login to post a reply (click Member Login on the menu).



Get 2 months of free community web site hosting from Community123.com!



News Articles Provided by: Community Associations Network
News, articles and blogs about condos/HOA's

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice:  (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.

Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement