8/7/2018 7:45:55 PM
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Section 5: OPA Board Subject: A Legal Conundrum? Msg# 1022277
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When I arrived here in November 1985 to take over the running of the water & sewer company and properties, I was told that the homeowners were responsible for maintaining the easements around the utilities and could not plant anything on those easements or in the drainage ditches. 10D appears to bear out the advice I received 30+ years ago from MMU and OPA management at that time. As the operations guy, Tom Varuolo said, "you plant or pave on those easements at your own risk. I don't want any tears when I have to plow things up to maintain them." Good guy, Tom. | ||||||
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For reference, the above message is a reply to a message where: 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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