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Old 06-06-2017, 03:38 PM   #91
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When we purchased in South Down (2006), I do not recall seeing any clauses, deed restrictions, etc. that mentioned this ROW existing and being earmarked for a public trail and associated fences to be built through the community. Should potential buyers have been made aware of how the common area property, and the community at large, could be impacted? Are there other precedents in similar circumstances?[/QUOTE]

When I purchased in 2006 in SD before moving to LB, my broker provided me with copies of the original declaration along with the SD by-laws. The ROW is in there but also my broker discussed it with us before signing our purchase contract. Your broker at the time should have made you aware or at least provided all the HOA documents
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