Get 2 months of free community web site hosting from Community123.com!
Monday, August 26, 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: COMMON Ground
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
OttoD
(Utah)

Posts:3


11/08/2005 8:51 AM  
I am in utah in a subdivision that is in the process of turnover by the developer who is in control of the HOA.He has made a mistake by not subdividing ponds and streams and not making them common ground
and indicating them as such on the master plat.The covenants state lot owners are responsible for maintenance and liability of common ground.The ponds are on private property and not part of common ground
Do the lot owners who do not want the expense and liabilty the ponds incur be forced to pay for their upkeep.The covenants do not specify ponds and stream only common ground
Is it possible to have a special assessment to lot owners who want them.They have no recreational value and hazardous because the have boulders around perimeter and are bordered by a county road and someone can easily get hurt.There has never been any insurance to cover liability and thousands of dollars spent on electriciy and maintenance in violation of the covenants.Can that money be recovered from the developer.He proposed to fill the ponds in
6 months ago but was threatened by a lawsuit by someone that had a pond on his property.
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