8/7/2018 10:12:29 PM
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Section 5: OPA Board Subject: A Legal Conundrum? Msg# 1022303
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What is your interpretation of the specific language in 10D?
I see 10D as saying the lot owners are responsible for areas between homes even though most plats show an easement between all homes. Owners cannot build in that easement area and must cut the grass and otherwise maintain the area in good order. 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 agree. 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 agree. And that is why Bailey and/or Trendic's actions here serve no purpose other than to make association members mad. |
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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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