Quote:
Originally Posted by Rick Lee
If you want to claim the street belongs to the City and HOA rules don't apply, ok. Have fun with that whole process. Lots of Youtube videos on that one.
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(layman lawyer here)
It can get tricky. Usually the HOA has bylaws which attach to the deed and automatically convey with a sale. These prevent owners from doing wild things which affect the neighborhood and maintain minimum standards. [Karen has entered chat] It also prevents new owners from 'leaving the HOA' (ie not paying for community services) that their neighbors pay for. They also make the individual homeowner responsible for some common elements, such as clearing sidewalks and mowing parkways, just like the city.
The HOA typically owns the common spaces but will deed the roads inside to the city because it's too expensive to pave and plow snow. IDK about the sewer system underneath either. Thus your street might be either. If there's an entrance gate for the community the HOA usually owns the street and utilizes it's own private contractors instead of city services.
https://www.hoaleader.com/public/What-You-Need-Know-About-Public-Association-Controlled-Streets.cfm
Jeff Vollmer, a partner at Makower Abbate Guerra Wegner Vollmer PLLC, whose firm advises nearly 2,000 association clients throughout Michigan, has clients that have private roads that are common elements and clients whose roads are owned by the local government.
"Sometimes, the streets are deeded to the municipality," he adds. "On the plat, there will be a reflection that the roads are publicly dedicated."