Q: Is there a statute of limitations on property line encroachment and can I take legal action to force removal?
Declaration strictly states "in no event shall any patio, etc.... extend beyond the lot line as defined by the "party wall" a fence separating the 2 homes. The declaration defines the party wall as defining the lot line. Additionally the Declaration states that the HOA cannot create an easement for encroachment for any owner. The declaration does not give authority to the board to sell, give away or lease common property. The other members of the community have been paying taxes and maintenance on the common property that the board has given to at least 4 owners by allowing them to build past the declaration defined property line.) The community has not been informed nor have given their consent. Additionally, there is increased liability being that these structures are in the common property. We have been told by the property manager that this is not legal. I have brought this up to the board numerous times and they have refused to address. 1 offender is president of the board.
A: Answers to questions like this depend on a careful reading of all the documents involved. Make an appointment with a knowledgeable real estate attorney. Bring all the relevant documents -- the plat or other document containing the declaration, a copy of the constitution and bylaws of the HOA if available, and photos of the encroachments -- to the appointment. Good luck.
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