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  1. #1
    Join Date
    Jul 2019
    Posts
    1

    Default Right of Way and Common Area

    My question involves real estate located in the State of: SC

    I live in a townhouse community in SC with a POA. Common Property as defined in the CCR’s is “areas of land which are deeded to the POA and designated in said deed as Common Property. The term Common Property shall also refer to all areas provided for common use and enjoyment of Owners of the Lots, their families and guests and designated as Open Space on the plat.”

    Our front lawn consists of two parts. The first is 10’ out from the front of the house to the property pin and then the 2nd is another 10’ or so from the property pin to the street. The whole area is grass/plant beds. This 2nd part is noted on the plat to be a part of the Right of Way (2 way street). I know that technically our property goes only to the pins even though the whole grass area looks like a cohesive lawn area for the unit. The irrigation heads on our system installed by the builder waters the entire lawn area.

    I cannot locate an actual deed recorded at the county. What I find is only the community plat noting the Open Space and R/W areas. Nothing mentions Common Area on the plat.

    Question is can owners walk their dogs in this grassed R/W area? If they can because it would be considered Common Property then whose responsibility would it be to make repairs/replace grass due to damage from the dogs using it as their potty area? The CCR’s state that Owners who damage common property would be responsible for repairs to common property. But how do you prove which dogs are responsible and thus which owners need to pay? It is not fair that we the owner would have to repair such due to neighborhood dogs. We love dogs but always curbed our dogs on our own property or in areas that were not part of someone’s front yard.

  2. #2
    Join Date
    Mar 2013
    Posts
    17,210

    Default Re: Right of Way and Common Area

    can owners walk their dogs in this grassed R/W area?
    I'm sure they can. But if you aren't sure, ask the association management or board.

    But how do you prove which dogs are responsible
    Unless there are witnesses, you don't.

    which owners need to pay?
    That's easy. The POA does the repairs and assesses all the owners if the common fund isn't sufficient.

    That's how life works. Your taxes pay for services you don't use. Your insurance premiums pay for claims other people make.

    It is not fair
    Fair is where you go on rides and eat cotton candy. Has nothing to do with living in an association.

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