Get 6 months of free community web site hosting from Community123.com!
Friday, January 09, 2009
Banking Solutions for Community Associations (NCB) (National Bank)
Finance repair projects or deposit reserve accounts with NCB, an industry leader with over 25 years experience. Learn More…
HOA Websites by Community123.com (National Community Website Provider)
We built HOATalk and we'll build your community website for free!  Click here for information on a free trial website.
IHG Insurance (National Insurance Provider)
Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability.
Community Associations Network (National HOA Reference Library)
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.
Subject: Eight acres of undeveloped land in my HOA community
Prev Next
You are not authorized to post a reply.
Author Messages
CharlesW1
(Georgia)

Posts:821


08/02/2006 8:51 AM  
Many of you have given me very helpful advice in the past. I read all I can when I can.
I am hoping to receive some more advice. My community currently has eight acres of undeveloped land, located in one of our many cul-de-sacs!
I have been to as many public meeting as the current BOD has held. I have heard many of the HOs ask “what is being done with the eight acres on that one lot with the cul-de-sac?” I was thinking this would be a nice place for family and friends to gather for picnics and family fun.
I’m looking to present this to our current BOD. Is this a good idea? Should I even bother? I know there will be a lot to maintain. I’m willing to devote as much time as I physically can to help.
I would appreciate any advice or suggestions you all may have that will help me!

Thank you, as always
Chuck W.


Charles E. Wafer Jr.
GeraldT1


Posts:0


08/02/2006 10:29 AM  
CharlesW1,

Perhaps you should wait until your HOA changes to a POA.

All kidding aside, check with your borough's municipal tax assessor or code department prior to any designs on undeveloped land, even if the land is open space.

The developer may have been required to set aside the land as a transition area for stormwater runoff or because it is wetlands, or some other reason. If the land is for stormwater runoff, or wetlands, the state requires there be absolutely no level of activity upon land designated as such.

Best of luck!!
GeraldT1
NNJ
CharlesW1
(Georgia)

Posts:821


08/02/2006 10:43 AM  
GeraldT1,


Thank you for the quick response. I never thought of that. It makes sense though. I’m sure if the builder could have built on the lot he/she would have. I’ll check there first.

POA is Property Owners Association right!? Would it be best to wait until we are a POA? I really don’t know. If we have any hope in doing something at all with the land before we become a POA. I would rather do it now, than after the fact.
I can hear it now. “You should have done that when you were an HOA because….” Or should we really wait.

Chuck W.

Charles E. Wafer Jr.
GeraldT1


Posts:0


08/02/2006 11:44 AM  
Chuck,

The ability to develop land would prevail whether or not your community was an HOA, POA or 3-ring circus.

Have you found out what the difference is between the two, and if it prevents board members from being elected?

I digress. You are correct, if the builder could have built on the lot, he/she would have and the municipality would welcome the tax ratable with open arms.

Open space to be used for recreational activities is a wonderful concept.

Best of luck!!
GeraldT1
NNJ
RogerB
(Colorado)

Posts:3726


08/02/2006 1:28 PM  
Chuck, have you checked the subdivision plat and confirmed the 8 acres is really in the HOA? If so, check the county records and determine who owns the tract or tracts in the 8 acres. If it is one tract find out how it is zoned so you can determine how it can be utilized. An 8 acre tract could be quite useful for your HOA

Roger Borcherding
Official HOATalk.com Sponsor
DARCO Property Management (Colorado)
(303) 925-0150 
Email Roger at this address.
*See legal notice below (end of page) or go to www.hoatalk.com/legal
You are not authorized to post a reply.
Forums > Homeowner Association > HOA Discussions > Eight acres of undeveloped land in my HOA community



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 ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement