My HOA in Elizabeth is claiming a large portion (0.5-0.75 of an acre) of our property is community green space based on a hand drawn map with no measurements or dimensions. Meaning they get to use our property that we bought and pay taxes for and we aren’t allowed to do anything with it. When we had it surveyed our property map with the county only shows only a 10ft easement for a trail that runs between properties. Can the hand drawn HOA map be considered accurate if that information is not on our county records and there are no measurements saying how much land is part of it?
The information provided is for general information and does not form an attorney-client relationship. See our .Bill HenryFounding Partner | 18 years of experience
Bill HenryFounding Partner 18 years of experience
It is not uncommon for HOAs to attempt to overreach in matters such as this. Could a hand drawn map be important in this case? Yes. Is that likely to be the only determining fact? No. Defending your property is likely to be a very technical issue defined by a lot of facts, public records, testimony, etc. I recommend that you have a conversation with one of our attorneys to explore this in more detail and to discus your rights, remedies, risks, and options before you engage with your HOA. We only represent homeowners against HOAs not HOAs against homeowners.
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