What do the word Declarant mean

Who's property is this, the homeowner or the homeowners association, do the homeowner have the right to take over this easement and remove the monument?

The homeowner thinks he is the declarant we are saying it is the association.

4.3 Entrance
Declarant shall retain easements over the northeast corner of Lot 2 and the northwest corner of Lot 3 for use as entry area to the plat. This area will have monuments designating entry to the plat. These easements shall be treated as "Common Area" for all purposes including, but not limited to, maintenance, assessment, and delegation.

Our cc&R's read as: http://www.cp2hoa.com/Policy/CC&R-RT.pdf

Thanks
Dell

Dell: if you refer to your Declaration & Bylaws, as given to you when you purchased your unit, you will see the Declarant is the builder or developer of the community itself. The Declarant makes available to prospective buyers (at time of intent to purchase) these documents:
- Public Offering Statement: builder's intent of community 'type' (ex.) roadwys, unit, water basin, etc.
- 'Declaration' specifying boundaries of units, identifies common facilities and basis for the government
- 'Bylaws' are rules for governance of the Community Association

In which of the above documents does the paragraph 4.3 Entrance appear?

PLEASE!!! inform everyone of the whole situation instead of the incorrect information. Again, you only tell a part of the situation and ask for information not even pertaining to the topic. We are the homeowners in question who purchased our home which is located on the west side Lot#2 of our entrance to our community. While filling out our Submittal and measuring for our New Fence, we noticed that the previous homeowner did not put the fence on their correct property line. We re-measured to make sure that we were correct before my husband delivered the letter to the Board. The letter indicated that we would like the HOA fence removed so we can install our new fence on our correct property line. The HOA fence in question is attached to our fence at the Northeast corner and continues approx. 100 ft. down our property and 15 ft. from road. My husband is currently a Board Member of our HOA who is fully aware and follows our By-Laws and CC&R's. We have read our CC&R's which indicate that the northeast corner is retained for a monument that we would really like to see in the future. It's up to the HOA if they want to keep the section of fencing that corners the retain easement. Please read this section of our CC&R's and let us know if it indicates somewhere about taking our 90 ft by 15 ft of property too.

Our CC&R's state the following:

4.3 Entrance
Declarant shall retain easements over the northeast corner of Lot#2 and northwest corner ot Lot#3 for use as entry area to the plat. This area will have monuments designating entry to the plat. These easements shall be treated as "Common Area" for all purposes including, but not limited to, maintenance, assessment, and delegation.

Thank You for "Letting the truth be known" and giving us your opinion.

Roger B I live in this hoa . The builder is long gone and there is no monument on the corners . So who has the rights to the easement. Charles C

You have live here over a year not more then two this means you are the second owner and that fence has been there over thirteen years I think.

You stated that your husband has spoken to me about this before, your husband has never spoken to me about this. The only time this has come up was Monday night at the meeting in the letter that he passed out and we just put it aside because we thought it was a submittal untill I got home and reviewed it you husband never said a word to any of the board members.

How long has this been an issue and if your husband is on the board why have he not address this in front of the other board members instead of saying he told me and why have you never put this in writing before.

Then for you to say the reason you said ASAP was because you told me before.

If this was true and I would get someone to put this in writing to make this very clear what you are talking about.

As this is very confusing starting with the first letter you have given us.

We will be more then happy to help you but you need to first come to the table and talk about it. Not just write one letter and demand to have something remove ASAP.

We will look forward to you addressing this to the board.

Thanks

You should be able to locate the meaning of 'declarant' in your documents. Ours has a difinition section for all types of words, including declarant.

Charles, we are not talking about having the HOA take down the fence in the front corners. Why is everyone focusing on the front corners. We know that this area is a retained Easement. We are asking for the white fence that runs down on our property to be removed. This area has nothing to do with the front corners. Maybe I'm confusing everyone the section 4.3 Entrance because that is what everyone is focusing on. I'm Saying the CC&R's only indicates that the HOA has retained easement to the front corners only. Thanks

Kevin & Charles: I must agree with Roger and ask that your personal issue be taken offline. Thank You.

HOATalk.com

Didn't anyone have a survey done before closing on the property in question? This is common practice in our area. Survey would easily show where the lot lines are, and if any existing fence encroaches.

Easement specifics should be registered on a plat somewhere and a professional surveyor can say exactly where that begins and ends.