SURVEY UPDATE

The HOA received the survey for Lot D where the shed and wood bridge that crosses Hafner's Ditch are located. Lot D includes the retention pond, the path, Green Space around and on both ends of the path and retention pond, Hafner's Ditch, and the Green Space on the south side of Hafner's Ditch at the rear of The Bluffs community.

The shed and a portion of the private drive off of Austin Bluffs Court are on Green Space/HOA property. The cost of the survey was $950 which is supposed to be split between the HOA and the previous owners/trustee for the home that placed the shed there. The HOA received the deed to Lot D last year through our attorney.  So legally, the HOA really had no control over that area because it was still in the builder's name and legally under the builder's control. The survey invoice was submitted to the previous owner/trustee yesterday (2-21-24).  So hopefully they'll keep their word and split the cost. The house sold to new owners before the survey could take place. The closing was in December and all parties involved, including buyers' and sellers' realtors, were all aware of what was going on and coming down the pike. The survey was scheduled last year, 2023, but wasn't performed until January 2024 because of how backlogged the surveyors are. All the surveyors we called were 12 weeks or more out before they could get to The Bluffs.

This is just a very brief explanation of a lengthy and somewhat complicated process.

The reason for the survey: The HOA trustees are trying hard to limit our exposure to liability issues that could arise and affect us all adversely $$$. Even though we're a private community, and even if someone is in our community illegally and gets hurt...we can be held liable. There's a doctrine of "attractive nuisance". Google it and read. It applies to all homeowners, etc., anywhere and everywhere.