I Let the HOA Destroy “My Bridge” — The Government Owned It

I Let the HOA Destroy “My Bridge” — The Government Owned It

Chapter 4

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PERMANENT FLOOD CONTROL AND UTILITY ACCESS EASEMENT.

RECORDING REFERENCE 89-114672.

I stared at it.

Then laughed.

Sarah looked over from the couch.

“What?”

“I don’t own the bridge.”

“What?”

“I don’t think I own any of it.”

The next morning, I went to work early and spent my lunch break searching county records.

Record 89-114672 led to an easement granted decades earlier when the surrounding land was still largely undeveloped.

The bridge had been installed as part of a flood-control access project.

The original documentation referenced the county’s drainage and flood-control district.

Later project files referenced coordination with state habitat agencies and the U.S. Army Corps of Engineers because work occurred within regulated waters.

The structure was designed to allow maintenance equipment to reach the opposite floodplain during debris removal, bank stabilization, and emergency access.

It predated Pinehurst Enclave.

By years.

The developer had built the neighborhood around it.

More importantly, the recorded subdivision plat acknowledged the corridor.

Not hidden.

Not ambiguous.

Printed directly on the map.

I found another document.

The HOA’s own declaration listed several exclusions from association architectural control.

Public utilities.

Recorded government easements.

Drainage facilities.

Infrastructure not owned by a member.

I printed everything.

Sarah watched the pages accumulating on our dining table.

“You look happy.”

“This is the easiest HOA dispute in history.”

She gave me a skeptical look.

“You met Susan.”

“Documents beat Susan.”

That sentence would prove technically correct.

It would also take much longer than I expected.

The next board meeting was held in the Pinehurst clubhouse.

Seven board members sat behind folding tables arranged in a horseshoe.

Maybe twelve homeowners attended.

Susan sat in the middle.

Beside her was Greg Toland.

Greg was sixty-three, retired from regional operations at a large manufacturing company, and apparently missed having subordinates.

He wore button-down shirts tucked tightly into belted khakis and spoke in bullet points.

I brought a manila folder.

When homeowner comments opened, I stood.

“My name is Dave Harding.”

Susan sighed visibly.

“Lot forty-six.”

“We know who you are.”

“Good.”

I walked forward.

“I researched the bridge.”

Greg leaned back.

“Of course you did.”

I ignored him.

“The bridge is not mine.”

I placed copies of the survey and easement on the table.

“My property ends at the high-water boundary.”

“The bridge is within a recorded flood-control and utility corridor.”

“It was installed as public infrastructure before Pinehurst Enclave existed.”

I added another document.

“The association declaration also exempts public infrastructure and recorded easements from architectural review.”

Susan did not open anything.

She pushed the folder toward me.

“Nice try.”

I thought I misheard.

“Excuse me?”

“We have dealt with the previous owner’s excuses.”

“This isn’t an excuse.”

Greg chuckled.

“You found paperwork online.”

“I found recorded county documents.”

“Same thing.”

“No.”

I looked at him.

“Not remotely.”

Greg crossed his arms.

“This is a private gated community.”

“That is irrelevant.”

His face reddened.

“Everything inside the community is governed by the association.”

I pointed toward the folder.

“No.”

“Your covenants govern property subject to the covenants.”

“They do not erase recorded public easements.”

Greg laughed.

“Are you an attorney?”

“No.”

“Then perhaps leave legal interpretation to professionals.”

“I’m a civil engineer.”

That changed his expression slightly.

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I Let the HOA Destroy “My Bridge” — The Government Owned It

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