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Subject: Encroachments
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Author Messages
CharlotteB2
(Oregon)

Posts:22


08/02/2021 6:04 PM  
Our condo units abut a river bank. The common area of our association ends above the river bank, and another private owner owns land between our boundary line and the river. One of our owners has begun altering the land belonging to the private owner with the intent of fencing it in as his own land, even though he was told verbally that he is encroaching on land owned by someone else. I reported it to our board (I am on the board) but our management company said it is none of our business and the HOA shouldn't get involved because the encroachment isn't on our land. I took the stand that we are aware of his encroachment and that the HOA has a responsibility to send the unit owner a letter stating he is outside of the common area boundary and encroaching on private land owned by someone else.

Does anyone have any guidance on this subject?

Thank you,
Charlotte B
AugustinD


Posts:1905


08/02/2021 6:49 PM  
CharlotteB2, I cannot quite get the picture here. Does the following represent what is going on?


|
Condo Unit |
|
-------------
Patio & |
Garden Area |
|
|
-----------------------------------------
Condo Association Common Area
-----------------------------------------
| Possible |
| Fencing |
|___________|
PRIVATELY OWNED LAND

-----------------------------------------
~~~River ~~~
-----------------------------------------
MaxB4
(California)

Posts:1594


08/02/2021 6:56 PM  
The management company is wrong. A member of the association they manage is encroaching on private land and they are aware of the situation and they need to send a letter to cease and desist, or the owner of the land they are encroaching may take legal action. Actually the action the private land owner should be taking is against the entire association.
CharlotteB2
(Oregon)

Posts:22


08/02/2021 7:00 PM  
Hello AugustinD, I'll try to be a little clearer. Our townhouse condo units are built along the river (Oregon). The property boundary of our common area does not go down to the river. In-between our boundary line and the river, is a strip of land owned by a private party. One would need to cross that privately owned land to get to the river. One of our owners decided to cross our common area property boundary and encroach on the land that is privately owned. He removed 2 small retaining walls and was planning on fencing the area of encroachment. As a board member I told him it was not our property and he continued to alter the property owned by the private party. Our management company said to "leave it alone" as it isn't an HOA issue. I say it is as he is using HOA common area to take the landscaping materials that do not below to us to our HOA parking lot to be hauled away. The fact he is using common area to move materials not belonging to us is in my opinion, an HOA matter.

I hope this is clearer.

Thank you,
CharlotteB
CharlotteB2
(Oregon)

Posts:22


08/02/2021 7:21 PM  
Thank you Maxine for your reply. I completely agree with you; we know about it and doing nothing puts the association at risk for legal reasons. Our property management company said the private owner can't sue the HOA they would have to sue the condo owner individually!!
MaxB4
(California)

Posts:1594


08/02/2021 7:22 PM  
Posted By CharlotteB2 on 08/02/2021 7:21 PM
Thank you Maxine for your reply. I completely agree with you; we know about it and doing nothing puts the association at risk for legal reasons. Our property management company said the private owner can't sue the HOA they would have to sue the condo owner individually!!



The name is actually Max, not Maxine, but I have been called worse. The lawyer the private land owner would use is going after deep pockets, not small fries.
AugustinD


Posts:1905


08/02/2021 7:23 PM  
CharlotteB2, I tend to agree with your concerns. The board should take steps to protect itself. The first step is to contact the condo attorney and get his or her advice. Ask the attorney whether the insurance company should be informed as well.

What I think the next step might be is for the manager or the board to contact the private land owner; explain what is going on; and ask what the private land owner knows about this.

A bit more to explain my thinking and some other steps:

-- Is there an easement whereby the condo owners can cross the private land owner's land to get to the river?

-- My understanding of an "encroachment" in the law is when one land owner uses a fence or other structure to cross onto adjoining land, with the adjoining land belonging to a second land owner. The condo owner is not encroaching. If the private land owner has not given permission for the condo owner to be on the land, then he is certainly trespassing.

-- If these retaining walls are owned by the private land owner, and the private land owner has not given the condo owner permission to be on the private land owner's land et cetera, then the condo owner is stealing along with trespassing.

-- Do your covenants state anything about how common area is not to be used for criminal or offensive activity? If so, and assuming the private land owner has not given the condo owner permission et cetera, I would issue a violation immediately to the condo owner, for conducting unacceptable activity, as prohibited by covenant xyz, on common area.

-- Regarding the damage that the condo owner did: I think it's up to the private land owner to decide how to proceed. The condo association did not encroach and do damage (remove the retaining walls). The condo association did what it could to stop the damage. If the private land owner goes after the condo association for the damage, the condo association should, in turn, go after the condo owner to remedy (pay) for remediating the damage.
CharlotteB2
(Oregon)

Posts:22


08/02/2021 7:26 PM  
Oh, I am so sorry for making that assumption! I saw Maine and read it too quickly and thought I saw Maxine! I love Maine; If I didn't live in Portland Oregon I'd live in Portland Maine. I've enjoyed vacationing there several times.
CharlotteB2
(Oregon)

Posts:22


08/02/2021 7:40 PM  
Thank you for your comments AugustinD. There are no easements which give us permission to cross their land to get to the river. The retaining walls belonged to the private owner and our unit owner did not have permission to remove them.

I found an article on the internet entitled "HOA and Encroachments, and here is how they defined encroachments: Encroachment is defined as unlawful interference in another's land or with their rights. This can take the form of building a structure or other item which sits in whole or in part on a neighbor's property. Simply put, it is when someone goes onto another's property without permission and interferes with the other's property rights. Encroachment is generally not a criminal issue but is something tht is dealt with through the civil legal system.

Our CCR's do not address criminal or offensive activity, unfortunately. The CCR's were drafted in 1993 and have not been updated.
s
AugustinD


Posts:1905


08/02/2021 7:54 PM  
Posted By CharlotteB2 on 08/02/2021 7:40 PM
This can take the form of building a structure or other item which sits in whole or in part on a neighbor's property.
The key phrase is "on a neighbor's property." Let's call the condo owner by his name: Mr. Jerk. Mr. Jerk is not building on a neighbor's property. He is building on someone's property, but this someone is not a neighbor of his. This someone is a neighbor of the HOA.

Regardless, Mr. Jerk is behaving improperly and may be either: liable for trespass and/or damaging property; subject to a criminal charge; or all of the latter.
Our CCR's do not address criminal or offensive activity, unfortunately. The CCR's were drafted in 1993 and have not been updated.
This would surprise me. Regardless, I expect plenty of Oregon statutes and case law say the condo association may be liable for abetting Mr. Jerk in his activity.

Your board needs to inform the COA attorney immediately of what is going on and get the attorney's advice.
CharlotteB2
(Oregon)

Posts:22


08/02/2021 8:06 PM  
I agree completely; our attorney needs to be notified. Thank you again for all of your valuable insight and advice, I sincerely appreciate it.

CharlotteB
CathyA3
(Ohio)

Posts:2588


08/03/2021 5:08 AM  
In addition to talking to the association's attorney, talk to your insurance agent. You need to be sure you're protected if worse comes to worst and the owner of the private land sues. Along with Max and Augustin, I say the board needs to jump on this with both feet.
JohnC46
(South Carolina)

Posts:11659


08/03/2021 7:07 AM  
I side with the management company it that the land is not ours so we are not responsible for what someone does on it. That said, I would, on the QT, notify the land owner.
CathyA3
(Ohio)

Posts:2588


08/03/2021 7:17 AM  
Posted By JohnC46 on 08/03/2021 7:07 AM
... snip ....

That said, I would, on the QT, notify the land owner.



'Round 'bout these here parts, we refer to that as "kicking the hornet's nest".
AugustinD


Posts:1905


08/03/2021 7:32 AM  
Posted By JohnC46 on 08/03/2021 7:07 AM
That said, I would, on the QT, notify the land owner.
For "on the QT" communications, especially where a director may not want to deal with flak, pushback, expending energy et cetera for taking issue with a manager or a board majority, commonly employed are anonymous emailing services like https://www.guerrillamail.com/compose
CathyA3
(Ohio)

Posts:2588


08/03/2021 7:55 AM  
How would they know the owner's email address? Of course they may be able to find the owner's snail mail address on the county's property tax records.

I share the desire to see the Jerk get hung out to dry. But the board's duty is to the association, and doing something that gets the association drawn unwillingly into legal conflict is - I believe - irresponsible at best. A homeowner who's not on the board may have more wiggle room but only because that person doesn't have the same fiduciary duty that the board does.

I think the board should talk to the attorney and the insurance agent, and then take whatever necessary steps to protect the association. Then let the chips fall.

(I would hope that any company that's asked to put up a fence would at least verify that the land is owned by the person buying the fence. But that assumes the Jerk would hire a reputable company, which is debatable.)
CathyA3
(Ohio)

Posts:2588


08/03/2021 8:02 AM  
Also keep in mind that anyone accusing the Jerk will need proof, otherwise he can turn around and sue his accuser. If the accusations are true, then he's Not a Nice Guy. So step carefully.
AugustinD


Posts:1905


08/03/2021 8:05 AM  
Posted By CathyA3 on 08/03/2021 7:55 AM
How would they know the owner's email address? Of course they may be able to find the owner's snail mail address on the county's property tax records.

I share the desire to see the Jerk get hung out to dry. But the board's duty is to the association, and doing something that gets the association drawn unwillingly into legal conflict is - I believe - irresponsible at best.
-- My suggestion was given based on the assumption that the OP does not get cooperation from the rest of the board to consult the COA attorney.

-- People's email addresses are often available via an internet search.

-- Anonymous email services are notoriously un-hackable. That is, the sender remains anonymous. Not for nothing is that service I named called "guerilla mail."

-- I know we do not have all the facts. But folks here are pretty expert on drainage and erosion concerns. Removal of a retaining wall is so risky.

-- I figure 'five will get ya ten' here: Doing nothing has risks. Doing something has risks.

-- Yes, I am crossing to the dark side more and more.
CathyA3
(Ohio)

Posts:2588


08/03/2021 8:58 AM  
Posted By AugustinD on 08/03/2021 8:05 AM
... snip ...

-- I know we do not have all the facts. But folks here are pretty expert on drainage and erosion concerns. Removal of a retaining wall is so risky.




Yikes, I missed the bit about the retaining walls.

Assuming these are at the edge of the association's common area, then this is absolutely association business and the board should be taking action against the owner who is doing this (who is a fool on top of everything else). The local municipality may also have things to say about it, so add the appropriate officials there to the list of people the board should be talking to - this could also have the advantage of alerting the owner of the affected property.
JohnC46
(South Carolina)

Posts:11659


08/03/2021 10:29 AM  
Posted By CathyA3 on 08/03/2021 8:58 AM
Posted By AugustinD on 08/03/2021 8:05 AM
... snip ...

-- I know we do not have all the facts. But folks here are pretty expert on drainage and erosion concerns. Removal of a retaining wall is so risky.




Yikes, I missed the bit about the retaining walls.

Assuming these are at the edge of the association's common area, then this is absolutely association business and the board should be taking action against the owner who is doing this (who is a fool on top of everything else). The local municipality may also have things to say about it, so add the appropriate officials there to the list of people the board should be talking to - this could also have the advantage of alerting the owner of the affected property.



I had said it was none of the HOA's business but if the retaining walls are on HOA property and/or they play a role (drainage, soil retention, etc.) for the HOA, the HOA should get involved.
BenA2
(Texas)

Posts:1104


08/03/2021 10:41 AM  
I agree with your manager. You have no authority or responsibility for what association members do outside of association property. I also think the HOA will lose credibility if they start sending out letters trying to control things they have no authority over.

As an individual, if you feel a moral obligation to notify the victim owner of what is going on, that is fine but the HOA should not be getting involved.
CharlotteB2
(Oregon)

Posts:22


08/03/2021 10:46 AM  
I did notify the private land owner. And yes, it did stir up a hornet's nest. I contacted a very good friend of mine who is a real estate attorney and she said it is a HOA problem to deal with since we know they are altering the landscape of property we do not own and the owners are using common area stairs and land to remove the rocks an concrete to the parking area for someone to come and take them. Opinions vary but the river bank area is a critical habitat for wildlife and the unit owner knew it wasn't his land. So now the private party knows and is dealing with it.
JohnC46
(South Carolina)

Posts:11659


08/03/2021 10:46 AM  
Posted By BenA2 on 08/03/2021 10:41 AM
I agree with your manager. You have no authority or responsibility for what association members do outside of association property. I also think the HOA will lose credibility if they start sending out letters trying to control things they have no authority over.

As an individual, if you feel a moral obligation to notify the victim owner of what is going on, that is fine but the HOA should not be getting involved.




I was agreement with you until I realized someone said two retaining walls were removed. That shed a different light on it.
MaxB4
(California)

Posts:1594


08/03/2021 10:49 AM  
Posted By BenA2 on 08/03/2021 10:41 AM
I agree with your manager. You have no authority or responsibility for what association members do outside of association property. I also think the HOA will lose credibility if they start sending out letters trying to control things they have no authority over.

As an individual, if you feel a moral obligation to notify the victim owner of what is going on, that is fine but the HOA should not be getting involved.



The HOA member is taking over private property that butts up against the association's common area, not the homeowner's. Yes, the HOA must get involved.
CharlotteB2
(Oregon)

Posts:22


08/03/2021 10:53 AM  
I did try to talk to the unit owner; I told them it wasn't our land and he said he knew it wasn't our land but he was going to go ahead and finish building his own concrete block retaining wall, plant grass and fence in the area. He completely disregarded that he didn't get permission from the board, as required by the bylaws to do anything. There was one stone retaining wall that is on HOA property and the rest was on private property. I did feel a moral obligation; the area from our boundary line to the river is probably only 40 feet. The native vegetation that was removed was also removed. I notified the private party as an owner and not as a board member. I live next door to the owner who is altering the landscape.
CharlotteB2
(Oregon)

Posts:22


08/03/2021 11:05 AM  
Yes, the owner is taking over private property that abuts the associations common area. I personally notified the private property owner so now they will deal with it. It is owned by the Marina that owns a large marina and floating home community. There are more issues than just the trespassing and encroachment (he had started building an ugly concrete block retaining wall to replace the old river rock he took out) so it is an encroachment. The marina said they have to carry a very large and expensive insurance policy for the land they own in case someone trespasses and get into the river and drowns or is hurt. When people buy into our community they are told there is no access to the river, but this owner was using the river bank as his own private property.

Thank you to everyone who has responded. The private party is now aware and they will deal with it from here on. They do not intend to sue; they are going to require the unit owner to retstore the area he excavated and replant the vegetation.
CathyA3
(Ohio)

Posts:2588


08/03/2021 11:35 AM  
This happened a few years ago in my area:

There is a condo community located at the top of a bluff, with a long and sturdy retaining wall separating the property from an adjacent interstate highway. At some point the common area behind the retaining wall began to subside, due to a combination of excessive rain and the occasional minor earthquake. Then the retaining wall started to break down in places.

Fortunately condo owners had been complaining about signs of structural problems and were able to get out of the affected buildings before the area collapsed. Otherwise this could have been a disaster, especially if the association had ignored the problem (which the board had tried to do until they no longer could) and the area had come down during rush hour.

I think one or two buildings ended up being total losses, along with the common area they were sitting on. As it was, a bunch of county and state officials, engineers, lawyers and insurance folks were kept busy for a while, as was the board. Very glad I was not an owner in that community.
AugustinD


Posts:1905


08/03/2021 12:04 PM  
Posted By CathyA3 on 08/03/2021 11:35 AM
This happened a few years ago in my area:

There is a condo community located at the top of a bluff, with a long and sturdy retaining wall separating the property from an adjacent interstate highway. At some point the common area behind the retaining wall began to subside, due to a combination of excessive rain and the occasional minor earthquake. Then the retaining wall started to break down in places.

Fortunately condo owners had been complaining about signs of structural problems and were able to get out of the affected buildings before the area collapsed. Otherwise this could have been a disaster, especially if the association had ignored the problem (which the board had tried to do until they no longer could) and the area had come down during rush hour.

I think one or two buildings ended up being total losses, along with the common area they were sitting on. As it was, a bunch of county and state officials, engineers, lawyers and insurance folks were kept busy for a while, as was the board.
Jesus, Joseph, and Mary. I feel better about once voting consistent with a reserve company engineer's advice; against a board majority; and against the wishes of a two-bit HOA manager, to use a non-credentialed company to re-build a retaining wall. Drainage issues were arising regularly on the common area, to boot.
Posted By CharlotteB2 on 08/03/2021 10:53 AM and 11:05
I did try to talk to the unit owner; I told them it wasn't our land and he said he knew it wasn't our land but he was going to go ahead and finish building his own concrete block retaining wall, plant grass and fence in the area. ...
There are more issues than just the trespassing and encroachment (he had started building an ugly concrete block retaining wall to replace the old river rock he took out) so it is an encroachment. The marina said they have to carry a very large and expensive insurance policy for the land they own in case someone trespasses and get into the river and drowns or is hurt. When people buy into our community they are told there is no access to the river, but this owner was using the river bank as his own private property.
Mr. Jerk sounds like the ten-year-olds with whom I used to recreate as a kid: As children we would build play forts on acres of wooded private property owned by an enormous corporation. We naively thought nothing of it.

What the hell was Jerk thinking?

The massive insurance policy maintained by the marina company makes sense and is certainly instructive.

CharlotteB2, great work. FWIW and AFAIC you did the right thing. You did so despite a supposed "expert" (your COA manager) "advising" otherwise.
CharlotteB2
(Oregon)

Posts:22


08/03/2021 12:13 PM  
Our property managers standard line is "its not our problem". I worked in commercial real estate for 45 years and went to court numerous times on behalf of the bank I worked for when little issues ballooned into big problems. Thank you again for all of your valuable input; in the end I let my moral compass make the decision, not as a board member but as a homeowner watching someone defy property boundaries on purpose for his own gain.
CharlotteB2
(Oregon)

Posts:22


08/03/2021 12:16 PM  
This is indeed a nightmare come true. Just look at Florida; the board wasn't proactive with the repairs and now the disaster has claimed many lives. It is the board's responsibility to act on behalf of the betterment of the entire community. Such a sad situation which you described.
LoriM15
(Florida)

Posts:49


08/09/2021 11:32 AM  
I live in a community in Florida that was basically built on a swamp that surrounded a very large rock quarry that is now a lake. We run into encroachment issues all the time. Many of the houses back up to "preserve" land and the others are on the big lake or other man-made lakes. Everyone sees all the property between their house and the lake or preserve as "theirs". Nobody bothers to look at their survey and realize not only is here at least a 20-foot easement on almost every lot but also there are other restrictions. On the preserve property it is particularly tricky because we have sheet-flow water that drains into the lake - and any changes to the water erainage is regulated by a state water board. Homeowners don't want to be told they can't build a fence or put a patio or pool in the easements and the HOA had volunteers reading the architectural applications who could not even read a survey. We now warn people that even if it's been there for several years, if we have to do maintenance you will have to remove.
CharlotteB2
(Oregon)

Posts:22


08/09/2021 12:00 PM  
Thank you for responding and sharing your story, it is so similar to our situation. We abut the Columbia River, but the land between our boundary and the river is owned by the Marina that has 80 slips on the river. People think it is their property even though I researched it for our board and gave them maps of the boundaries. Our homeowners don't want to be told they can't put a fence on property they don't own; it isn't an easement it is under private ownership. I honestly don't understand why people think they don't have to honor property boundaries and can encroach any time they please.
CharlotteB2
(Oregon)

Posts:22


11/21/2021 8:23 AM  
Our units were built in 1974 and are post and pier, there is no foundation. The units are riverfront, but sit above the water on a mild slope. The structural engineer said bracing needs to be installed to attach the main support beams to the driven wood piles. That is to stop any lateral movement. The work proposed is much more significant than adding bracing, and much more expensive. It would be good to add earthquake bracing, but it the cost is significant so I believe owners should have a vote on the matter. The board is calling it a repair so the owners don't get to vote, but I am the lone member who feels we should listen to the owners and let them vote on it.
AugustinD


Posts:1905


11/21/2021 8:24 AM  
CharlotteB2, I think you posted this to the wrong thread.
CharlotteB2
(Oregon)

Posts:22


11/21/2021 9:00 AM  
You are so right, thank you for letting me know!
KellyM3
(North Carolina)

Posts:1804


11/22/2021 9:30 AM  
Posted By CharlotteB2 on 08/03/2021 12:13 PM
Our property managers standard line is "its not our problem". I worked in commercial real estate for 45 years and went to court numerous times on behalf of the bank I worked for when little issues ballooned into big problems. Thank you again for all of your valuable input; in the end I let my moral compass make the decision, not as a board member but as a homeowner watching someone defy property boundaries on purpose for his own gain.




Your board is allowing a condo owner to fence in both the neighboring property as well as your condo community's common area. Am I reading that correctly. The removal of the neighboring property's retaining wall is VERY interesting as retaining walls aren't generally installed for aesthetic reasons (they RETAIN something).

My opinion is the HOA board and its management is complicit in this because your organization is aware of the use of common area to violate a neighbor's property and it is allowing it under a "hands off" policy.
BobD4
(up north)

Posts:957


11/23/2021 9:52 AM  
Posted By CharlotteB2 Our condo units abut a river bank. The common area of our association ends above the river bank, and another private owner owns land between our boundary line and the river. . . . but our management company said it is none of our business and the HOA shouldn't get involved because the encroachment isn't on our land. . . . Does anyone have any guidance on this subject ?



If understood correctly, what you say is that a co-owner`s trespassing construction or whatever is not literally WITHIN the survey boundaries of your common lands. Nor are the ``retaining walls` also being removed , you believe .

Aside from whether the retaining walls are there for flood control or habitat protection or both, an important issue may also STILL turn out to be exactly where are your common lands survey monuments . Chased enough survey pins to be cautious about such determinations in certain terrains by respectfully untrained folks ( if that`s possibly the case ) .

Wonder what else is planned to eventually occur offsite ?

The ``don`t get involved`` is like ``stay out of someone else going shoplifting``. But if any is OR WILL BE within your survey boundaries, some bad stuff might follow. Even getting dragged along for the ride may be expensive.

One cautionary tale : " XXX Park OWNERS' illegal wetland barrier DRAGS POA into guilty plea: HAVER v CV Conservation Authority" https://ontario.cafcor.org/index.php?option=com_fireboard&Itemid=46&func=view&id=19197&catid=9#19197`

( . . . In 2016 the barrier-erectors claim to have been authorized by their POA's ( then- ) President. ( WITHOUT GETTING THE REQUIRED approval of the XXX Conservation Authority. They not only constructed an illegal wetlands barrier, but DID SO ON WHAT TURNS OUT TO BE ON THE COMMON LANDS of the XXXX Estates Association. . . . The unauthorized barrier resulted in the Association being charged and in 2019 pleading guilty to environmental & flood control Offences! ( here it's an absolute or strict liability, whichever ). AS PENALTY the Authority & the POA agreed on the light penalty of the illegal barrier being removed.

However in THREE legal venues these barrier erectors had the chutzpah to keep demanding INTERVENOR STATUS in order to try to halt the dismantling of their buckshee barrier on common lands. Fortunately Ontario's Court of Appeal drop-kicked their claim to preserve the illegal barrier and awarded $ 20 K in legal costs against them. But it's likely only a portion of what the POA probably had to pay to get clear of the prosecution & later litigation )
BobD4
(up north)

Posts:957


11/24/2021 9:36 AM  
Posted By CharlotteB2 Our condo units abut a river bank. The common area of our association ends above the river bank, and another private owner owns land between our boundary line and the river. . . . but our management company said it is none of our business and the HOA shouldn't get involved because the encroachment isn't on our land. . . . Does anyone have any guidance on this subject ?



1 - About the above,respectfully, merely providing copies of surveys is different from using them to determine if the "alterations" done so far, actually lie within the common lands.

And there's the issue of what might be planned by the "encroacher" . Or credibly guessed where this is headed ? Or what if anything he has actually said about his "project" ?

2 - Without some credible indicators of those, it may not be so easy to establish that his activity on the common lands ( so far ) has exceeded an owner's "reasonable limit" of usage of the common lands.

If this instead were some sorta tenant activity raising Cain offsite, landlords in some jurisdictions might be able to seek remedies for "interfering with a landlord's rights" ( or other groubds ) . But damage to general owners is less clear here.

3 - Non-adjacency issue

Where a potential encroacher does not own land immediately adjacent to a targeted area, some jurisdictions ( like mine ) make it tough & unusual to be able to acquire some sorta rights by squatting / adverse possession / prescription.

There would be an onus to establish a benefit capable of running with his own title ( and of course whose title ? ) as opposed to some sort of right "in gross" ( personal/ not running with title ).

If a lawyer gets involved for the association, those may be among the questions ultimately to be considered.

And these disputes may end up with eccentric / idiosyncratic outcomes widely varying by quality of evidence and tendencies of past judicial outcomes within & possibly unique to your state . . .
CharlotteB2
(Oregon)

Posts:22


11/24/2021 9:38 AM  
Hello, I posted on the wrong topic last week, this issue has been resolved. I apologize I didn't post this sooner. Thank you for your kind reply.
BobD4
(up north)

Posts:957


11/24/2021 9:40 AM  
How was it resolved ?
CharlotteB2
(Oregon)

Posts:22


11/24/2021 9:50 AM  
I contacted the owner to the land that abuts our HOA common area. They came out and found the boundary stakes and marked the property line in front of the owner who was encroaching on their property. This owner was also excavating on HOA common area without approval. He was sent a letter by both the abutting property owner and our board that the landscaping had to be restored, which is in process. (This owner had been informed on two separate occasions that approval was necessary and yet he did not seek approval.) We now know where our common area property line ends which is one positive outcome of this issue since we did not have to pay for a survey.
BobD4
(up north)

Posts:957


11/24/2021 9:52 AM  
thanks.
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