Property Line dispute with HOA

[Screech11]

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

I purchased a house 12/2012 located in a HOA. The house was built in 2005. Became apparent soon after that we have a handful of troublemakers in the neighborhood. The latest harassment has been to target two owners (out of 44) for the placement of their driveways and are pressuring the HOA board to force these two into removing part of their driveway because "it's on HOA property." The people pushing this, including two board members, are not affected by this issue--they all live on the other end of the neighborhood. First, HOA doesn't own property, only easements. Every square inch of the property is privately owned. Second, the house was designed, built and signed off by the HOA ARC a decade ago and has transferred ownership once (in both cases). To complicate things, the 'crazy' people are using boundary lines off Google maps which "prove" the drives are not where they should be, exactly. Problem is that the as-built plans from the county don't exactly match up with what's on the ground, either.

These people claim they are just "enforcing the rules" (it's clear harassment). Does the HOA have any legal standing regarding the termination point of a driveway or location of a mailbox, ten years after that same HOA approved it? We made the point that if it's good for two, it's good for all 44 but their motives are not what they claim. Anyway, anyone got an answer on the drive location issue?

Thx

 

[justalayman]

Three of three.


Pick one and delete the others

 

[quincy]

The choice has been made for Screech.

This is the thread that remains - the others have been deleted.

Screech11, you should refer to the HOA documents to see what the reach of the HOA is in regard to the location of the driveways. You can address any issues with the Board - and you should take whatever you have to support your complaints.

Good luck.

 

[Screech11]

Hmmmm

Thanks, Quincy but I'm not that helps much. 1. I'm very familiar with the governing docs and they don't address anything like this 2. I'm also on the board which puts me in a little bit of a conflict. I have my opinion and it's that we have a few crazies causing more nonsense. However the rest of the board is wavering over whether they are "meeting their fiduciary responsibilities." I don't even know what that means in the current context. More nonsense. The real question is whether a HOA can approve a design, sign off on the construction when it's all complete and then, 10 YEARS later, demand the second owner to tear up part of a driveway?

 

[justalayman]

Unless you have a claim under an adverse possession, agreement, or acquiescence and are willing to fight for it yes, they can require you to alter your driveway.

As it stands the hoa has no real proof of any encroachment though and until they do I would tell the people complaining to back off. If the HOA wants to argue there is an encroachment they will need to provide legally acceptable proof there is an encroachment.

 

[FarmerJ]

Have you had a boundary survey done so you not only know where the survey stakes are but a map to work with two so this way you know for sure if the driveway is just where it is supposed to be?

 

[Screech11]

Thx

J, what is the basis of your opinion? I'm not on their property, because the HOA doesn't own any. The road that goes to our house doesn't match the as-built's recorded with the County so that's anyone's guess.

Farmer, I just completed a State Forest Health grant and the lines were surveyed by them (not official). I've not hired one to make a map for me but have been considering it. Just seems to legitimize the nonsense and I am not happy about spending more money to assuage people like that. Regardless, the only thing a survey could possibly prove is that my mailbox is technically on my neighbor's lot (our lot lines generally meet at the street centerline). He has no issue and doesn't want to make one.

Thanks to you both for the answers

 

[justalayman]

Whether on their property or on their easement is immaterial.

The as builts do no mean anything unless they match a valid survey performed by a licensed surveyor which it seems nobody in this ball game has.

 

[Screech11]

Not that simple

The only easement they have is the actual road. My drive is not on the road. In fact, it almost looks like the road was extended to the last four properties (2 are lots) after my and my neighbor's houses were built. The road narrows substantially, doesn't have curbs like the rest of the entire neighborhood and doesn't look like it's ever been maintained. Our portion of the road also doesn't show up on the plans. So again, I don't see where the HOA could possibly have a dog in the fight. Also, the recorded drawings were certainly surveyed and have a surveyor's wet stamp on them. They don't help.

 

[justalayman]

So what is the hoa's complaint then? Originally you said they Said your drive was on their property (which they apparently do not actually own any) and then you mention easements. If neither is in play then just what is the issue?

And when I say survey I mean a survey laid out upon the property to show the relation of the lines to whatever issue is the problem here.

 

[LdiJ]

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

I purchased a house 12/2012 located in a HOA. The house was built in 2005. Became apparent soon after that we have a handful of troublemakers in the neighborhood. The latest harassment has been to target two owners (out of 44) for the placement of their driveways and are pressuring the HOA board to force these two into removing part of their driveway because "it's on HOA property." The people pushing this, including two board members, are not affected by this issue--they all live on the other end of the neighborhood. First, HOA doesn't own property, only easements. Every square inch of the property is privately owned. Second, the house was designed, built and signed off by the HOA ARC a decade ago and has transferred ownership once (in both cases). To complicate things, the 'crazy' people are using boundary lines off Google maps which "prove" the drives are not where they should be, exactly. Problem is that the as-built plans from the county don't exactly match up with what's on the ground, either.

These people claim they are just "enforcing the rules" (it's clear harassment). Does the HOA have any legal standing regarding the termination point of a driveway or location of a mailbox, ten years after that same HOA approved it? We made the point that if it's good for two, it's good for all 44 but their motives are not what they claim. Anyway, anyone got an answer on the drive location issue?

Thx

I disagree with the other responses you received. An HOA cannot approve something and then 10 years later attempt to force the homeowner to undo whatever it was they previously approved...end of story. An individual homeowner could take action regarding an encroachment on their specific property, but not the HOA.

 

[justalayman]

I disagree with the other responses you received. An HOA cannot approve something and then 10 years later attempt to force the homeowner to undo whatever it was they previously approved...end of story. An individual homeowner could take action regarding an encroachment on their specific property, but not the HOA.

Well, in some situations you would be correct and in many others incorrect. I'm not understanding what the issue actually is at the moment so right now I don't know which it is.

An HOA is no different than any other corporate entity that has the rights afforded an individual. They can own property and along with that defend their rights to that property.

 

[LdiJ]

Well, in some situations you would be correct and in many others incorrect. I'm not understanding what the issue actually is at the moment so right now I don't know which it is.

An HOA is no different than any other corporate entity that has the rights afforded an individual. They can own property and along with that defend their rights to that property.

Even if the HOA owned the land in question, which I believe that the OP has made it clear that they do not, the HOA cannot "unapprove" something that they approved, 10 years later. They are stuck with that approval. There is simply no grey area about this. There is no "in some situations its correct and in other situation its incorrect. Its not a grey area at all.

 

[justalayman]

We have no reason to believe they actually approved the issue since op hasn't really said what it is. Ignoring an error is not express approval although it may be tacit approval. Or maybe the error was not even known until more recently


Unless op explains what the problem actually is there is no way to know.

And yes, there are many shades of gray. There is nothing clearly black or white here.

 

[LdiJ]

We have no reason to believe they actually approved the issue since op hasn't really said what it is. Ignoring an error is not express approval although it may be tacit approval. Or maybe the error was not even known until more recently


Unless op explains what the problem actually is there is no way to know.

And yes, there are many shades of gray. There is nothing clearly black or white here.

The issue is the placement of two homeowner's driveways.