NC HOA common area definition

[mmcnabb2]

What is the name of your state (only U.S. law)? North Carolina

I am having a disagreement with my HOA over the definition of "common property". At the back of my lot is a 2' retaining wall that runs continuously behind my lot and my neighbors' lots. On the other side of the wall is an alley shared with the houses across it from me. The survey stake for my lot is between the wall and the alley. I have changed the grade of my lot such that the retaining wall is no longer needed (with HOA approval). I have submitted a request to the HOA to modify the retaining wall since it's no longer needed, and my request has been denied. The explanation given is "Retaining wall is common property."

It seems to me that either a) the retaining wall is not common property because it is located on my lot, or b) the retaining wall is common property and is encroaching on my lot.

Is my interpretation that "common property" never overlaps with "private property" correct? Are there any cases where they can overlap without a recorded easment?

[HomeGuru]

Originally Posted by mmcnabb2

What is the name of your state (only U.S. law)? North Carolina

I am having a disagreement with my HOA over the definition of "common property". At the back of my lot is a 2' retaining wall that runs continuously behind my lot and my neighbors' lots. On the other side of the wall is an alley shared with the houses across it from me. The survey stake for my lot is between the wall and the alley. I have changed the grade of my lot such that the retaining wall is no longer needed (with HOA approval). I have submitted a request to the HOA to modify the retaining wall since it's no longer needed, and my request has been denied. The explanation given is "Retaining wall is common property."

It seems to me that either a) the retaining wall is not common property because it is located on my lot, or b) the retaining wall is common property and is encroaching on my lot.

Is my interpretation that "common property" never overlaps with "private property" correct?



**A: no.


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Are there any cases where they can overlap without a recorded easment?

***A: yes.