8/7/2018 7:15:39 PM
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Section 5: OPA Board Subject: A Legal Conundrum? Msg# 1022267
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Joe,
I don't believe any ditches or culverts in 100% OPA owned property is the responsibility of individual owners adjacent to those ditches or culverts. I think that the actions of the association in being responsible within the easement makes it impossible any change will take place regardless of any legal opinion. I do think that a reading of 10D indicates some responsibility by the homeowner for maintenance of easements. What is your interpretation of the specific language in 10D? If it doesn't state or imply some responsibility what does it refer to? Ted |
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For reference, the above message is a reply to a message where: Ted, out of curiosity, do you believe there is any language in the DRs that makes individual, lot owners responsible for maintenance of ditches located 100% within the OPA-owned roads dedicated right-of-ways. Seems to me, if we accept that nterpretation, or perhaps it is Bailey's or perhaps Trendic's, one could make the case that the total road maintenance in front of each lot is the responsibility of each individual lot owner. That would be ridiculous to implement, of course. Thus I believe the applicable language is: "The Association shall be responsible for insect controls, for the maintenance, repair, and upkeep of the private streets, and parks within the Subdivision; the appurtenant drainage and slope easements reserved by Declarant;" As for driveway pipes and the cost, having the owner responsible for those does not impact the above applicable language. I believe the County and State also control such driveway culverts while the landowner covers the cost, but surely don't say the landowners are responsible for drainage or road paving. This entire issue is yet another stupid OPA fiasco causing problems where none exist, and to the detriment of our association. The board needs to control Bailey. |
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