Adding driveway extension qustion

[cranstjs]

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

Hi. I have have a residential house in an HOA neighborhood. We have a two car garage with cement driveway. Others in our neighborhood have widened their driveway, with a 20 ft side yard, all the way to the property line and back to the side of the house about 30 ft, again all the way to the property line with cement.

That was a few years ago. The HOA members change occasionally and they have architectural advisers that sign off on a modification.

Now, I approached the HOA to perform the same kind of expansion as described above. They are telling me "there is a 5' easement that you cannot pave" along the property line on the side. Why would some be allowed but now not? Isn't that kind of easement designed if you are going to put a structure in like, say a shed?

Is an HOA a legal body that can prevent this kind of modification? Can't I take responsibility for paving over the 5' area, and, if for some unknown reason, some utility wants to dig it up, it's ok with me? And there isn't any real reason why anyone would. The only thing underground in that area is my sprinkler system which I know about and plan to cap off in that area. The phone wire runs farther back and isn't affected. There are no pipelines there.

Thanks in advance!

 

[justalayman]

who is the dominant tenant of the easement? That is to say; for whose benefit was the easement grantedl; who gets to use it for what purposes?

 

[cranstjs]

who is the dominant tenant of the easement? That is to say; for whose benefit was the easement grantedl; who gets to use it for what purposes?

As I understand it, there is an easement on all four perimeters of the property. The rear is where they run the main phone lines. Then they run the multi pair wire underground on the left side easement, make a right turn to the side of the house at the rear corner and run it over to the junction box. The power is run from the front into the garage where the breaker box is. I have to believe it is just a general easement for the sake of utilities. There are city drains where the water runs to via PVC out the front of the house underground. The water main is a the front left in the easement area (manhole with meter under it) and that feeds underground toward the house. The HOA shouldn't have any rights to it right? When I first moved in, and put a shed in, I followed that rule and put the shed 5 ft from the fence line and two feet from the house. And that made sense anyway for going from front to backyard through the fence gate.

There is no cable lines run nor is it likely there will ever be as the main trunk is too costly in our kind of out of the way neighborhood.

Does that answer the question clearly?

 

[justalayman]

Not really. There is a specified dominant tenant, or tenants. Depending on whom they are, what you might be able to do or get away with varies.


so I'll say this:

if you must obtain HOA permission for the construct and they refuse to provide it, then they can take action against you.

If the dominant tenant has issue with covering the easement, they can demand you remove the construct or they can remove it for you and charge you for the work.

 

[cranstjs]

Not really. There is a specified dominant tenant, or tenants. Depending on whom they are, what you might be able to do or get away with varies.


so I'll say this:

if you must obtain HOA permission for the construct and they refuse to provide it, then they can take action against you.

If the dominant tenant has issue with covering the easement, they can demand you remove the construct or they can remove it for you and charge you for the work.

Ok. Then why would they approve it for another neighbor, exact same setup across the street 3 years ago? It is inconsistent ruling. It makes me doubt the credibility of the volunteers on the HOA (small community of 250 homes).

I forgot to mention, that this area is considered "rural" and there are no permits required to add on to driveways, put up sheds, install a greenhouse, etc. The only restrictions are in the Covenants that put limitations on paint color, some building materials to maintain appearances by the HOA. And, that if you have a suggested plan, you turn it in on a sketch and get it approved by an HOA person. But there are people that just put things in without asking anyone. It's not the typical HOA that has a large hammer as with some communities. People tend to volunteer to it for a year or two and then other people in the community change places.

 

[cranstjs]

Here are a few paragraphs from actual Covenants (btw I was on the HOA board in 2007 for a year). What troubles me about requiring approval by the "Architectural committee" is that for a few years there were none. It got to be a bit of a contentious HOA so there were only a few volunteers for some years. Now it's a bit bigger/stronger again. This could be one reason my neighbor was approved, when the committee was more lenient.

Section 2.2 Easements; Developer dedicates to the public, the utility easements shown on the plat; further the Developer dedicates for public use the easements shown on the Plat for the purpose of constructing, maintaining and repairing a system(s) of' electric lighting, electric power, telegraph and telephone line or lines, storm surface drainage, cable television, or any other utility the Developer sees fit to install in, across and/or under. All utility easements may be used for the construction of drainage swales m order to provide for improved surface drainage of Common Area and/or Lot(s). Any utility company serving shall have the right to enter upon any utility easement for the purpose of installation, repair and maintenance of their respective facilities. Neither Developer nor any utility company, political subdivision or other authorized entity using the easements herein referred to shall be liable for any damages done trees and lawns or any agents, employees, or servants, to fences, shrubbery, other property of the Owner on the property covered by said easements.

Section 2.3 Title Subject to Easements It is expressly agreed and understood that the title conveyed by developer to any of the Lots by contract deed or other conveyance shall be subject to any easement affecting same for roadways or drainage, electric lighting, electric power, telegraph or telephone purposes and other easements hereafter granted affecting the Lots. The Owners of the respective Lots shall not be deemed to own pipes, wires, conduits or other service lines running through their Lots which are utilized for or service other Lots, but each Owner shall have an easement in and to the aforesaid facilities as shall be necessary for the use, maintenance and enjoyment of his Lot.

Section 2.4 Utility and other Easements. Non-exclusive utility, water line, drainage and slope easements for installation, maintenance, repair and removal of utilities and drainage facilities over, under and across an area as described or shown on the Nat are dedicated as described in 2.2 above, and no
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MEANDER ESTATES, PHASE THREE Page 3 of 20

Improvement or Structure shall be constructed or placed thereon without the express prior written consent of the Architectural Control Committee. Full rights of ingress and egress shall be had by the Developer, the Association, and all utility and CATV companies serving the Subdivision, and their respective successors and assigns, at all times over the Subdivision for the installation, operation, maintenance, repair or removal of any utility together with the right to remove any obstruction (excluding, however any driveway, fence or other Improvements or Structures which has been heretofore specifically approved by the Architectural Control Committee) that may be placed in such easement that would constitute interference with the use of such easement, or with the use, maintenance, operation or installation of such utility.