R.B. from Fairfield County writes:
Dear Mister Condo,
I live in a Planned Unit Development. The association wants to take 2 feet of my driveway to widen the road. Do I own the driveway or does the HOA?
Mister Condo replies:
R.B., I am sorry that you are likely to lose some driveway to make room for a wider road. I hope that you will benefit in some way from a larger road. In most Planned Unit Developments (PUDs), the unit owner owns from the ground beneath their unit the roof. Limited common elements may or may not be for exclusive use of the owner but they are typically owned by the association or HOA. Unless your driveway is part of your deed and it is spelled out as such including the exact size and measurement (highly unlikely), the HOA is probably free to reallocate the driveways as they see fit. In the case of a wider roadway, it should be in the best interest of the association members (yourself included). After all, the Board members who are making these decisions are your fellow unit owners. I assume they are giving up some driveway space as well for this road widening project. All the best!