Utility Easements over Common Area and Resulting Damage
Many communities, especially those with common areas, have experienced damage to their common areas by utility companies. Generally, damage occurs when a utility company or its contractor is burying cable or running wires on the common area. Although utility companies, in most instances, have utility easements across common areas and cannot be prohibited from using the common areas to bury cable or otherwise install utilities, the association should verify that there is, in fact, an easement over the common area. This may be done by reviewing the records such as plat maps and recorded easements at the County Clerk and Recorder's office. In instances where utility companies or their contractors cause damage to association properties, such companies will be responsible for the repair, or cost of repair, assuming the association has appropriate documentation concerning the damage.
