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Fee Simple Townhome - Parking Problem

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OrlandoBigDaddy

Guest
What is the name of your state? Georgia

I live in a 'Fee Simple Townhome' that has an HOA. My survey shows that I own the 2 guest parking spots on the side of my home. I also own a side yard. The realtor for the builder is telling all of my neighbors that it is 'common property' but I say that it's mine and that if someone uses it, I'm legally liable for any problems that arise on the property. Can someone clear this up?
 


HomeGuru

Senior Member
OrlandoBigDaddy said:
What is the name of your state? Georgia

I live in a 'Fee Simple Townhome' that has an HOA. My survey shows that I own the 2 guest parking spots on the side of my home. I also own a side yard. The realtor for the builder is telling all of my neighbors that it is 'common property' but I say that it's mine and that if someone uses it, I'm legally liable for any problems that arise on the property. Can someone clear this up?
**A: read your condo docs and title report. The parking spots and yard should be considered limited common areas (elements) and as such you do not have full ownership. You have an undivided ownership of these areas along with the other HOA members.
 
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OrlandoBigDaddy

Guest
The survey clearly shows an access easement but covers about 3 feet into each side of the road. My documents discuss common property but doesn't define which areas are covered. If it is limited common property, would I not be liable for any damages that happens on it? Also since my yard is fenced in, does everyone have the right to access it? Can I stop someone from sitting on my rear deck?
 

Ciarraine

Member
OrlandoBigDaddy said:
The survey clearly shows an access easement but covers about 3 feet into each side of the road. My documents discuss common property but doesn't define which areas are covered. If it is limited common property, would I not be liable for any damages that happens on it? Also since my yard is fenced in, does everyone have the right to access it? Can I stop someone from sitting on my rear deck?
A limited common element is some portion of the property owned by the association but restricted to one or more particular unit owners' use. As such, you have the benefit of the restricted use of the element but the condominium is responsible for the general liability or garage keeper's insurance to cover it, since it is the owner.
 
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OrlandoBigDaddy

Guest
So can I assume from your reply that since the property is deeded to me, it isn't limited common property and that I am fully liable for any incidents that occur on that property?
 

Ciarraine

Member
No. You can't assume that.

Are you saying that you are certain that you have a fee simple interest in these parking spots?
 
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OrlandoBigDaddy

Guest
sorry about that. I updated the pdf. The concrete pad is located to the lower left of townhome. I believe that my unit was not intended to be the end unit. The county stopped them from removing any more trees. That is how I ended up with the extra parking and yard.
 
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OrlandoBigDaddy

Guest
This is what one of my neighbors says in part: All property is owned by individual homeowners. There is no commonly owned property that is deeded to the HOA, however, there are common areas that must be accessible to everyone even though a homeowner owns and is responsible for liability. I also clarified the are in the survey. http://homeloans-atlanta.com/Survey.pdf
 

Ciarraine

Member
Without a full review of the HOA documents, easements, etc. it would be impossible to be definitive.

It may be that there is a recorded easement allowing the other neighbours use of the parking or something. I just don't know, and can't tell from a survey.

However, judging from what you've told and shown us, I think you're probably correct.
 

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