KNOW ALL MEN BY THESE PRESENTS THAT WE, ALL OF THE UNDERSIGNED OWNERS OF ALL THE PROPERTY DESRIBED IN THE SURVEYORS CERTIFICATE HEREON AND SHOWN ON THIS MAP, HAVE CAUSED THE SAME TO BE SUBDIVIDED INTO LOTS, BLOKS, STREETS AND EASEMENTS AND DO HEREBY DEDICATE THE STREETS AND OTHER PUBLIC AREAS AS INDICATED FOR THE PERPETUAL USE OF THE XXXXXX XXXXX HOME OWNERS ASSOCIATION.
Seems a little odd to me, public areas dedicated to the home owners association. So are they really public areas or common areas owned jointly by the lot owners. Are the streets public or private? Are common areas dedicated to the lot owners? I’ve always thought of dedication as to the public, not some private entity such as a home owners association. But, I can be straightened out.
Then there is the SUBDIVIDER'S NOTES (probably required by the county):
1) THE RECORDING OF THIS PLAT SHALL NOT CONSITUTE A DEDICATION OF ROADS AND STREETS OR RIGHTS OF WAY TO PUBLIC USE. THERE IS A NON-EXCLUSIVE EASEMENT FOR CONSTRUCTION, OPERATION, AND MAINTENANCE OF ROADWYS TO BE USED BY ALL OWNERS AND INVITEES AS SHOWN ON THE PLAT. THE ASSOCIATION SHALL BE RESPOSIBLE FOR MAINTENANCE OF ALL ROADS.
2) ALL ROADS RIGHTS OF WAY ARE TO BE 50 FEET IN WIDTH.
3) PUBLIC UTILITY EASEMENTS ARE TO BE INCLUDED WITHIN THE 50 FOOT RIGHT OF WAY, UNLESS OTHERWISE REQUIRED.
There are roads and one common area shown on the plat.
Can you have it both ways, public areas that are private?
It sounds like a condo.
I'd say that it's private, only members of the HOA are allowed.
common areas owned jointly by the lot owners
Sounds like how you would do it for a gated community. Only residents and their invitees should get through the gate.
> Can you have it both ways, public areas that are private?
I'd say, No. Sounds to me as if the surveyor making the plat didn't understand what they were dedicating. They've taken the "standard form" dedication language and changed the last part from "perpetual use of the public" to "perpetual use of the association."
Not only is there a problem with the conflicting terms of "public" and "association," in Utah, the statute declares that "all dedications by plat are dedications in fee" (paraphrased). That would result in the HOA actually owning the roads. This conflicts with the statute that declares the streets and common areas to be owned as an undivided interest by the lot owners in the development.
I would also suggest that you pull the CC&R's, because they'll likely spell out the ownerships and responsibilities of the HOA and lot owners more clearly. Of course, there should be no conflicts found between the plat and the CC&R's, too...
JBS
The wording does seem odd but the intent seems like our gated neighborhoods in Lawton.
But they dedicate the streets to our city to avoid the problem of taxing the HOA on the road acreage. The plat though says the roads are private and intended for the use of only the home owners and that all maintenance is the responsibility of the HOA.
We only maintain the water and sewer through the standard easement wording.
DEDICATION vs. ACCEPTANCE
It is one thing to "dedicate" right of way, etc.
It is something else for a public or private entity to "accept".
DEDICATION vs. ACCEPTANCE
In Lawton, part of the process is approval by our planning commission and our city council before a plat can be filed. That constitutes acceptance. We have some plats without the signatures or approvals that are not considered valid in our city for maintenance.
Part of getting a dedication accepted is to conform to our subdivision rules. PSI testing on the roads, minimum widths, turning radius and inspections during the construction.
