I just received this from our HOA president. If anyone could dumb this down for me. If I read it correctly our deck was built with the structure so there is no problems.
Also, below is Section 8.1 from the Declaration offered without comment.
"8.1 Easement for Encroachments. The building(s), all utility lines, and all other improvements as originally constructed shalt have an easement to encroach upon any Lot and upon any deviations in construction from the plans contained in this Declaration as a result of the location of the building, utility lines and other improvements across boundary lines between and along Lots and/or the Common Elements, or as a result of building or improvement movement or alterations or additions from time to time, providing that such alterations or additions have complied with the requirements of this Declaration.
If by reason of the construction, settlement or shifting of the buildings or by reason of the partial or total destruction and rebuilding of the buildings, or improvements constituting part of the Subdivision, any part of the Common Elements shall encroach upon any part of a Lot, or any part of a Lot shall encroach upon any part of the Common Elements, or any part of a Lot shall encroach upon any part of any other Lot; or if by reason of the design or construction or rebuilding of the utilities system within the Subdivision any pipes, ducts, or conduits serving a Lot shall encroach upon any other Lot, easements are hereby established, granted and reserved, for the maintenance of any such encroachment and for the use of such adjoining space are hereby established and shall exist for the benefit of such Lot Owner and/or Association, as the case may be, so long as all or any part of the building containing such Lot shall remain standing; provided, however, that in no event shall a valid easement for any encroachment be created in favor of the owner of any Lot if such encroachment occurred due to the willful conduct of such Owner."