It might be interesting to see what you own WRT the path. It’s possible that you own to the centerline of the path, to your edge of the path, to the far edge of the path, or even, possibly, to the property of the owner behind you beyond the path (if there is an ownership on the other side of the path, that is). It’s also possible that there may already be a recorded easement behind your property on which the path is situated. It’s possible that the HOA’s nastygram is their attempt to undermine an adverse possession claim by breaking the continuous use requirement, although it might be easier for them to send a notice basically saying, “We see your pavers and will tolerate them, but you have to remove them whenever we say so.” They could then require the pavers be removed every year or two. This would defeat an AP claim both by granting permission (so possession would not be hostile) and also interrupting the continuous use.
IANAL, but I find this kind of shit fascinating. Sorry for the hijack.
Well, yeah, in the sense that you’re responsible for property taxes, but if you have to get permission to paint your home with a reproduction of The Garden of Earthly Delights, I don’t see it that way.
So do I! I’m 99.44% sure that I looked a long time ago and do NOT own any of that common area. The HOA certainly doesn’t think so–a 12” oak in that common area died a few years ago and I emailed them, they came and took it down. That ain’t cheap, so they at least are sure it’s their property.
It’s 100% a matter of where the line is drawn, because there are frightfully few places around where you can do ___ to your home without needing permission from someone.
The trick with an HOA is that you may find the restrictions quite manageable, and a very acceptable tradeoff given that your next door neighbor can’t open up an abattoir so they can make a few extra bucks.
My deed, that I went to the court house to obtain, says Lot number, in subdivision, recorded in book xx, and plat #x. It is two pages long saying it comes from my ex-wife to just me. I asked if there was a written deed and there are none, it is on the plat/survey that I already have. I told them what I wanted and they said this is it.
Hard to really see. I can see that one person on the end lost a bit and maybe someone in between gained some. I think most of the extra space went to the two guest spots at the end.
It says no property corners found. I know on an old house I lived at there were stakes in the ground where the corners were, perhaps they do no exist. My shed does have a corner at the corner and has been there since I’ve moved in.
We have an HOA, they contract out with a property management company who I believe is who delt with the pavers. I have contacted both and neither has gotten back to me. Oddly enough there are blue marks on the pavement about where the lines used to be. I will try and contact the management company tomorrow again. I’m really hoping it’s just a “hey, we’ll repaint quickly.” since it shouldn’t be too hard to do.
Perhaps creating guest spaces where there were none previously was the purpose of shaving a few feet off everyone’s deeded parking allowance? Not sure that was the right way to do things, though perhaps the plan was discussed in an HOA meeting?
There SHOULD be a way to access the prior deeds conveying this property - aka ‘chain of title’ - some time ago, the parent lot was subdivided into the parcel you own and adjacent parcels - THAT deed should refer to a plat map that has all the adjacent parcels, and potentially references to property corners as actual iron stakes, drill holes in stones, ‘old chestnut tree’, etc. That a plat map was generated by a licensed surveyor for just your parcel implies there was some earlier question about boundaries for that one lot - generally the surveyor prepares a plat for the entire subdivision, with individual parcels called out by a number. The HOA agreement MAY contain some language calling for easements for parking, walkways, etc - but the existence of such should be at least referenced in your deed. Bottom line - if you OWN the land that is used for parking in front of your home, the HOA is stepping on your toes. [Surprised?] If by being a member of the HOA, you ‘own’ the right to park 2-3 cars on land that is owned by the HOA, the HOA can likely do this however they decide. If you ‘own’ the ‘privilege’ of using 2-3 parking spots on paved surface that is actually a public street or right-of-way, the HOA is stomping on a lot of toes.
I kinda suspect that the people that stripped it did a “Whatever”.
Some of those guys really know their shit. Saw one once on freaking rollerblades so he could get around quicker for measureing/layout and stuff. Was very imperssive, and very cool.
Some I suspect that it’s the only job they could get. Those would be the “Whatever” guys.
Such things should be spelled out in the HOAs founding documents or bylaws.
I’m in the process of selling my house and buying a condo, and the condo docs make it clear that I own the right to a parking space, but not the actual space itself. The spaces are assigned, however there is a clause that my assignment cannot be changed without my agreement.
More likely in the Covenants, Conditions & Restrictions, commonly abbreviated as CC&Rs. (Sometimes the “Conditions” bit is left off.) That’s the one that’s really the meat of laying out what the individual owners can and can’t do, and what the HOA can and can’t do. Bylaws are more nuts and bolts basics. Rules & Regulations is a possibility, but those are usually just the CC&Rs restated more simply. (I hate that I know so much about HOA legal documents.)
It can vary widely, especially based on property type. The HOA we were in was a bunch of four-condo buildings and we only owned the airspace inside the unit (can’t remember if we owned the paint on the walls or not). Even in single-family houses it’s often that common areas are the domain of the association.
For the OP, is there an outside manage or management agency in addition to the board itself? If so, they’re more likely to be responsive and less likely to be insane.
I saw a guy marking a commercial parking lot with tallish fiberglass flags for (pretty sure) later snow plowing to mark islands and lanes, maybe sidewalks and other parts of the facility. Anyway, he was tooling around turf & pavement on a what was left of a stand&ride behind mower with the grass cutting deck removed. It looked pretty fun, fast and maneuverable, forward & reverse. Sort of like a gas powered, 4 wheeled Segway.
That’s a perfectly acceptable legal description. Unfortunately, if that is the extent of your legal description and it does not include the parking space within the described boundary of the lot on the map - it doesn’t have to be called out specifically as a parking space - it doesn’t look like you own a parking space. You may just have permission to claim a space as yours to use exclusively, per HOA rules. I think you’re going to have to dig into the HOA minutia to find your answer. You may not like it.