Property Line dispute with HOA

[justalayman]

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

But what about the placement is the issue? and how did the issues come about?
Things we may never know.

 

[LdiJ]

But what about the placement is the issue? and how did the issues come about?
Things we may never know.

No, and we do not need to know them. All we need to know is that they were approved by the HOA 10 years ago.

 

[single317dad]

Some stupid little nitpicky issue like this doesn't come out of nowhere. Whatever the underlying cause of strife, as OP alluded to in post #4, is ongoing and will continue. First order of business is to address that root issue.

Now, if someone told me I had to move or remove my driveway simply because the HOA had an easement for the street (which is how I'm reading this), I'd tell them to pound sand. I wouldn't spend one dime on surveys or lawyers until and unless they took me to court.

The county has a 30-foot public use right-of-way, centered along the boundary of my and my neighbor's property. The road (including drainage ditch) isn't nearly 30 feet wide. Therefore my driveway reaches right out into the "roadway". The portion of the driveway extending to the road is necessary for my access to my property.

 

[LdiJ]

Some stupid little nitpicky issue like this doesn't come out of nowhere. Whatever the underlying cause of strife, as OP alluded to in post #4, is ongoing and will continue. First order of business is to address that root issue.

Now, if someone told me I had to move or remove my driveway simply because the HOA had an easement for the street (which is how I'm reading this), I'd tell them to pound sand. I wouldn't spend one dime on surveys or lawyers until and unless they took me to court.

The county has a 30-foot public use right-of-way, centered along the boundary of my and my neighbor's property. The road (including drainage ditch) isn't nearly 30 feet wide. Therefore my driveway reaches right out into the "roadway". The portion of the driveway extending to the road is necessary for my access to my property.

I suspect its one of two things:

Either a couple of homeowners who are just nitpicking idiots...or

A couple of homeowners who wanted to do something similar with their driveways and were not approved, so now they want everybody who was previously approved to have to change their driveway.

I agree though. No way would I move or remove my driveway unless the HOA sued me and won.

 

[justalayman]

No, and we do not need to know them. All we need to know is that they were approved by the HOA 10 years ago.

So we don't need the facts to be able to make a call?


You go ahead and make the call knowing really nothing about the situation. Most people will reserve their thoughts on the matter until the actual problem is described but hey, you run with that limited info provided. "Approved" can mean many things and without knowing specifically what was "approved" and how it was approved you know nothing.


I'll give you an example where an approved construct can later be disapproved.

Op builds house. Puts driveway partially on neighbors property. HOA approves the construct not realizing driveway is on a neighboring property.

Do you really think that "approval" means diddly squat? It doesn't because the HOA cannot approve op encumbering a neighboring property.


So yes, the facts actually matter.