![]() ![]() Section 4: General Subject: Parking on OPA Roads Msg# 1225891
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Joe.
I fully understand the paragraph everyone keeps quoting. I don't see it that way. The DR is not talking about the street's ditches, they are "one" a kit or a group, extension what we drive on. That refers to easements between yards, sides, back etc. It does not mean the ditch in front/side of the house along the street. "The street" is fifty feet of stuff which includes the road we drive on and the edge we commonly refer to as the ditch. That paragraph isn't talking to the road's ditch. It's referring to the obvious easements listed on one's plot evidenced by spaces outside of metal pins etc. OPA has us believing that the road's ditch is an easement. It's actually part of the road, can't have the road without the ditch of whatever inside the 50 feet. OPA was given the responsibility of the roads and as such the ditches. And as such is their responsibility to maintain; slope, culverts, leaves etc. |
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For reference, the above message is a reply to a message where: I would argue, the road couldn't be built without the ditch, and as the roads require maintenance so do the ditches, i.e., berm management, and such proves responsibility which they have now passed to the membership/owners. And without written guidance, controls, tasks, conditions and standards, the HOA is irresponsible in this task. What one lot owner thinks and what another lot owner thinks can't be imagined. I suggest you read the DRs. From the DRs you agreed to follow: D. On each lot, the rights-of-way and easement areas reserved by Declarant or dedicated to public utilities purposes shall be maintained continuously by the lot owner but no structures, plantings or other material shall be placed or permitted to remain or other activities undertaken which may damage or interfere with the installation or maintenance of utilities, which may change the direction of flow of drainage channels in the easements, which may obstruct or retard the flow of water through drainage channels in the easements, or which damage or interfere with established slope ratios or create erosion or sliding problems, provided, however that where the existing location of a drainage channel would hinder the orderly development of a lot the drainage channel may be relocated as shown on the recorded plat by drainage arrows, provided such relocation does not cause an encroachment on any other lot in the Section or Subdivision. Improvements within such areas shall also be maintained by the respective lot owner. |
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