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Ask Tina Your Own Question
Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I am the sole owner of deeded fee simple lot with a dwelling

Customer Question

I am the sole owner of deeded fee simple lot with a dwelling on it in a HOA community. The covenant's are written in such a way(1977), that a common area exsists within the boundaries of my lot, and I only own 10 ft from the dwelling even though the plat plot and tax records show I own the lot. The covenants also claim that the Association can appoint certain lot owners easement to modify the common. area. The HOA also owns fee simple deeded lot...The HOA gone ahead a built an unsightly seepage pit and rock trench without my permission or co -ordination. The rock trench was supposed to abate drainage, but the convenants specifically state, drainage easements expired. Prior to the rock trench/seepage pit was built, the HOA had an open pipe with collected drain water flow onto my property. The results was a flooded basement, and I put up sandbags to stop the water intrusion. Subsequently, the HOA removed the sandbags and created an unsightly seepage pit and rock drain on the area they deemed common within my property line and without my permission.. To add insult to injury, they built a 6 ft seepage pit 2 ft from my deck in a known sinkhole zone, severed my internet connects and the wick drain does not water pooling My attorney is only suing for a tort costs to restore the land, and expects me to get quotes to fix it. The HOA did it, they are responsible to fix it. I do not wish to be involved in the restoration process, since if the restoration project does not work, my adjoining neighbors can sue me.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Pennsylvania - Also the way the covenents are written, they have declared 2/3 of my land common area, and as owner of the lot, I am liable if anyone gets huirt as a result of the HOA negligence.
JA: Have you talked to a lawyer yet?
Customer: yes - after much costs we finally got the HOA lawyers to answer interrogatives. He found their defense was that they did not my permission on common land. But HOA continues to create a dangerous living environment. When they completed the project, the left severed wires expose, laid compaction tools on my deck, I am wondering what damages I can claim,
JA: What advice did they give you? Anything else you think the lawyer should know?
Customer: He wants My plan is to file a Motion for Summary Judgment as to liability for intentional or negligent trespass, based upon the admissions in these discovery responses, and then ask for a hearing on your financial damages. I want to void the HOA's claim on my land, by asking for continuous trespass and ejective injunction based upon the dangerous conditions they have put me in. Like gray water flow from adjacent building, digging a pit in a sinkhole zone, leaving exposed wires, damage to my personal property.
Submitted: 3 months ago.
Category: Real Estate Law
Customer: replied 3 months ago.
My Attorney also things the terms of this common area restriction is illegal, but can find no other case where the common area is included within a fee simple deed
Customer: replied 3 months ago.
I mean a common area claim via restriction identified within a fee simple own by an individual lot owner
Customer: replied 3 months ago.
Note that I have desire to leave the HOA, just stop them from creating further damage on property I own thus devaluing it
Customer: replied 3 months ago.
I meant no desire to leave the HOA, I legally can't do it. I just want to stop them from creating further harm to my property and myself.
Expert:  Damien Bosco replied 3 months ago.

Hello. My name is***** am an attorney. I am here to help you with your question. I will review it. And then we can discuss it. Okay?

Customer: replied 3 months ago.
ok
Customer: replied 3 months ago.
do you want to talk on the phone?
Expert:  Damien Bosco replied 3 months ago.

It seems like you are on the right track and you have an attorney on top of it. It is a bit convoluted. Can you stream line your question so I can see if I can help you.

Expert:  Damien Bosco replied 3 months ago.

We can talk on the phone if you would like to do so. I have a moment.

Expert:  Damien Bosco replied 3 months ago.

I tried to accept your call but the system said payment failure. Possibly, the credit card did not take. I don't know.

Customer: replied 3 months ago.
I'll try again
Expert:  Damien Bosco replied 3 months ago.

okay

Customer: replied 3 months ago.
I edited the payment info and my e-mail said you answered the question. What do I have to do with the payment stuff to talk
Expert:  Damien Bosco replied 3 months ago.

Let me try it from this end.....

Expert:  Damien Bosco replied 3 months ago.

Unfortunately, I have to step away. I will open up your question to other experts who may be able to help you.

Customer: replied 3 months ago.
ok - I'll try later
Expert:  Damien Bosco replied 3 months ago.

Okay. I sent you a live phone call request.

Expert:  Damien Bosco replied 3 months ago.

If you still want to attempt to chat, let me know. Best regards.

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