OttoD (Utah)
Posts: 3
Posts: 3
Posted:
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.
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.