Great place. My HOA is trying to have individuals maintain fences built in easements plainly listed on the plats, surveys and deeds (one section in a wall easement and another in a drainage easement). We live in a PUD.
They rec'd an atty opinion that says the individuals "are responsible for maintenance" but at the HOA meeting the atty admitted not even examining the plats surveys or deeds.
Now they want to have a "vote" on something that can't be changed by a vote. The CCR states all easements "run with the land" and the deed from the developer to the HOA states ALL easements are the HOA's.
My question is how can I get this resolved with as little financial penaly to our HOA. For 15 yrs. it's been great. The Board is trying to do this and guess what, they don't personally have any of the fencing in question and have riled up the neighbors who don't have any either.
We called the city code compliance dept to examine the section in need of repair. Will they be able to get it done on their own and notify the HOA and mgmt co of their obligation?