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dpb

On 06/25/2017 2:13 PM, wrote:
On Sunday, June 25, 2017 at 12:11:57 PM UTC-5, Taxed and Spent
wrote:
Are the patios on lot lines? I doubt it. If not, this is the
surveyor saying "I really don't care, since it is not defining a
lot line".

....

The Plat does show dimensions of each patio, to the nearest tenth of
a foot. There is no "(typical)" recorded under these dimensions.
Several patios actual dimensions are much larger than what the Plat
shows.

So where, again, _is_ this "typical" notation if not on the aforesaid plat?

Some disputes have arisen. This is because the Plats give one
boundary but the reality on the ground is different. The
association's general counsel has stated there are liability
concerns.Like a slip and fall on
a portion of one of the patios that per the plats, encroaches on
common area. The attorney was emphatic that no homeowner's patio
could be enlarged to encroach on the common area.

Liability for whom? I see none other than that of the single owner who
broke the covenant and enlarged his patio -- unless, of course, the HOA
approved such an action in contravention to the covenants; that could
make those who participated in such parties.

This might be one of those splitting hair situations, but I am just
not sure, especially after hearing from the attorney.

Well, when lawyers get involved and HOA associations with the likelihood
of there being at least one litigious sort in the development, anything
is possible.

If yours is one outside the covenants, that's possibly a concern. If
not, wouldn't sweat it. Then again, if you're not actually an owner
(yet) and are researching on the basis of "what if?" and the unit in
question is one of these it could come back to bite as above. As
another already noted, avoiding those kinds of entanglements is, imo, "a
good thing" as just general practice; there's bound to be somewhere else
to live without such hassles.

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