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RebeccaH2
(Ohio)
Posts:3
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| 08/03/2008 4:31 PM |
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| Can anyone tell me if you had to deal with homeowners placing personal things, such as swingsets, sheds, pools, etc., on the common grounds/areas of the HOA and if so how you resolved the issue??????? |
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SusanW1
(Michigan)
Posts:2316
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| 08/03/2008 4:41 PM |
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The Association owns the common grounds. Permission would have had to be granted by the Board. For liability sake, remove all of these structures or accept responsiblity for them. P.S. HOW did residents ever get the idea that they could place things on other people's property?
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RW1
Posts:0
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| 08/03/2008 5:04 PM |
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Check your docs!
Ours specifically mention nothing is to be placed on CP without prior written BOD approval.
If no mention in your docs...
1- Politely ask the parties to remove their items,
2- Attempt to ammend docs. to include such provision(s).
Otherwise there might be little you can do. |
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BonnieE
(Illinois)
Posts:176
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| 08/04/2008 6:38 AM |
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I also agree with checking you HOA docs, especially as the Rules can vary from HOA to HOA.
We have this issue come up occasionally.
Our procedure is to send a letter requesting they remove the items within a specified time period, and cite the rule. If they do not comply we send a notice of violation and the enforcement process is started. But, most of the time the HO complies. Our experience (as usual!) is that the HO has not read the HOA docs.
We do overlook items placed on the common area for a temporary period of time – kids’ splash pools, toys, lawn chairs and the like so long as they are removed at the end of the day. Our rules also address holiday and garden décor (which are allowed within certain bounds).
Also, in a couple of instances (after proper notification) we have removed items from the common area – depending on item; either have placed on HO patio or disposed of it.
Good luck!
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KirkW1
(Texas)
Posts:1190
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| 08/04/2008 8:33 AM |
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I would also mention that if someone places something permanent on the common grounds and is not challenged, then eventually they could claim ownership to that area in many states. The conditions that must be met vary from state to state.
The common areas are for the common enjoyment. I liked reading that at least one HOA doesn't get excited about a splash pool on common area if it is removed at the end of the day. It seems like you are really letting people enjoy the areas. |
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GeorgerwilliamsW
(Indiana)
Posts:768
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| 08/06/2008 5:47 AM |
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Posted By RebeccaH2 on 08/03/2008 4:31 PM
Can anyone tell me if you had to deal with homeowners placing personal things, such as swingsets, sheds, pools, etc., on the common grounds/areas of the HOA and if so how you resolved the issue???????
Here is what the covenants from one Hoosierland community says. Might your covenants have a similar prohibition that can be enforced?
Section 2. Right of Enjoyment. Every Owner shall have a non-exclusive right and easement of enjoyment in and to the Common Area limited, however, to and for the uses and purposes for which any portion of the Common Area is designed and intended. Such right and casement shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions:
A. The right of the Association to pass reasonable rules, with respect to the Common Area, for the health, comfort, safety and welfare of persons using the same;
Section 12. Obstruction. There shall be no obstruction of the Common Area, nor shall anything be kept or stored on any part of the Common Area without the prior written consent of the Association except construction materials and equipment during the construction period or except as specifically provided herein. Nothing shall be altered on, constructed in, or removed from the Common Area except upon the prior written consent of the Association.
However,
Section 6. Easement for Unintentional Encroachment. Notwithstanding any other provisions contained herein, in the event that any Home or any improvement to any Home encroaches upon any part of the Common Area, as a result of construction, reconstruction, repair, shifting, settlement or movement of any part of the Property, then a perpetual easement appurtenant to such encroaching Home shall exist for the continuance of any such encroachment on the Common Area.
Food for thought . . . |
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MicheleD
(Kentucky)
Posts:1865
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| 08/06/2008 8:22 AM |
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We had this happen a few times.
One person had lawn toys on the common area. He thought he had more "land" than he really did.
He removed them after we sent a courteous Please remove all personal items from the common area letter.
One person installed one of those wooden playsets (sort of permanent) as well as a concrete patio with a concrete bench and planted some landscaping.
He also removed them after we sent a courteous "Please remove all personal items from the common area" letter.
One woman installed a white vinyl privacy fence that extended 8 feet into the common area.
She did not remove it after the first letter. She did not remove it after the second letter. She did not remove it after the meeting. She did not remove it after the attorney sent a letter. She did not remove it after being served notice of trial over the issue.
She finally removed it a week before the trial date was set. We are sending her a notice to pay attorneys fees.
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