Happyhomeowner
Junior Member
What is the name of your state?OHIO
I just built and moved into my home 1 year ago. We were told about a walking trail easement that ran along the west side of my property. It gave my Homeowner's Association 7.5 feet on my side as well as 7.5 feet on my next door neighbor's property running a total 140 feet in length. I was renewing my Home insurance when the agent asked if I had any easements on my property. I told her about the utlity easements as well as the walking trail easement. She then concentrated on the walking trail easement and asked if it was our liabilty or the Association. I told her when we signed the documents it was the responsibilty of the HOA to insure, maintain, and up keep. She asked if I could verify if they insured the property and provide them with documents to prove they did. I didn't feel that anything was wrong because I had spoken to the president of the HOA the past sumer and he assured me it was insured and not ours to worry about.
I contacted the HOA president 1 month ago and he gave me the # to the insurance company and told me who to ask for and tell them what I needed. That was his first mistake (and my benefit). When talking to the agent who set up the insurance for the HOA and commen elements I told her what I needed and for what purpose. She asked for my address as well as my neighbors and said she would look everything up and contact me back. Two hours later she calls back and tells me that they did not and could not insure that portion of the easement because the HOA did not own the land, we did and therefore they had no financial interest in the property and it was not legal for them to insure it. They indicated to me that the way the easement was done by the developer to the HOA was not filed right and it was done because the township we live in would not have let the developer build on my neighbors lot had he divided the property up for the trail.
I then called the county recorders office and was told that the easement was written poorly and does not protect me as a landowner or the HOA. But when all is said and done I was liable if someone was to get hurt on that trail along with my neighbor. I went back to the HOA and told them as well as my insurance company what I had found out. My insurance went up $600.00 and the HOA president along with the vice president said you got screwed by the builder as well as the developer, and said that they would not revoke the easement as the county recorders office said I should ask them to do.
When I told them that in the HOA by laws "commen elements" shall mean any real estate owned or leased by the HOA other than a Lot, including easements in favor of the HOA. And the HOA shall obtain insurance as necessary to protect the Commen Elements, The Owners, and the HOA and the Board. This is how it is written in our by laws. They then got angey at the meeting said a few nasty things to me and said they would call the builder and the insurance company that what I was saying could not be true.
The builder called me to say that they were called by the HOA asking for informaton about the sale of our property and why they wanted it. The builder then sent me the by laws and said they (HOA) according to there own By-Laws were responsible for the up keep and insurance, not the home owner.
They now want me to dedicate the property to them along wth my neighbors. Which I can't do because I have a FHA backed loan. They also told me that they found another strip of land owned by the HOA that goes back to the pond and commen area that my walking trail leads to but they don't want to move it to that strip of land either.
My question to you is this: 1) Do I have grounds to revoke the Easement? and 2) They allowed my neighbor to put a fence that encroaches 4 feet onto the 7.5 feet on their side. The HOA allowed them to do this. Isn't this a form of revoking?
I just built and moved into my home 1 year ago. We were told about a walking trail easement that ran along the west side of my property. It gave my Homeowner's Association 7.5 feet on my side as well as 7.5 feet on my next door neighbor's property running a total 140 feet in length. I was renewing my Home insurance when the agent asked if I had any easements on my property. I told her about the utlity easements as well as the walking trail easement. She then concentrated on the walking trail easement and asked if it was our liabilty or the Association. I told her when we signed the documents it was the responsibilty of the HOA to insure, maintain, and up keep. She asked if I could verify if they insured the property and provide them with documents to prove they did. I didn't feel that anything was wrong because I had spoken to the president of the HOA the past sumer and he assured me it was insured and not ours to worry about.
I contacted the HOA president 1 month ago and he gave me the # to the insurance company and told me who to ask for and tell them what I needed. That was his first mistake (and my benefit). When talking to the agent who set up the insurance for the HOA and commen elements I told her what I needed and for what purpose. She asked for my address as well as my neighbors and said she would look everything up and contact me back. Two hours later she calls back and tells me that they did not and could not insure that portion of the easement because the HOA did not own the land, we did and therefore they had no financial interest in the property and it was not legal for them to insure it. They indicated to me that the way the easement was done by the developer to the HOA was not filed right and it was done because the township we live in would not have let the developer build on my neighbors lot had he divided the property up for the trail.
I then called the county recorders office and was told that the easement was written poorly and does not protect me as a landowner or the HOA. But when all is said and done I was liable if someone was to get hurt on that trail along with my neighbor. I went back to the HOA and told them as well as my insurance company what I had found out. My insurance went up $600.00 and the HOA president along with the vice president said you got screwed by the builder as well as the developer, and said that they would not revoke the easement as the county recorders office said I should ask them to do.
When I told them that in the HOA by laws "commen elements" shall mean any real estate owned or leased by the HOA other than a Lot, including easements in favor of the HOA. And the HOA shall obtain insurance as necessary to protect the Commen Elements, The Owners, and the HOA and the Board. This is how it is written in our by laws. They then got angey at the meeting said a few nasty things to me and said they would call the builder and the insurance company that what I was saying could not be true.
The builder called me to say that they were called by the HOA asking for informaton about the sale of our property and why they wanted it. The builder then sent me the by laws and said they (HOA) according to there own By-Laws were responsible for the up keep and insurance, not the home owner.
They now want me to dedicate the property to them along wth my neighbors. Which I can't do because I have a FHA backed loan. They also told me that they found another strip of land owned by the HOA that goes back to the pond and commen area that my walking trail leads to but they don't want to move it to that strip of land either.
My question to you is this: 1) Do I have grounds to revoke the Easement? and 2) They allowed my neighbor to put a fence that encroaches 4 feet onto the 7.5 feet on their side. The HOA allowed them to do this. Isn't this a form of revoking?
