Regarding the work underway by AT&T’s contractor(s), our attorney has advised us that:
There’s a 15-foot utility easement on both sides of the streets in Plats 1 through 4 (although on Plat 2 it just says 15-ft easement but the notes identify it as a utility easement. Plat 5 and the two Greens Plats are worded differently. They don’t draw or specify a 15-ft utility easement, but their notes do explain easements are provided for utilities, stormwater and sanitary sewer companies etc.
Any homeowners’ complaints should be taken directly to AT&T, as the Association never consented to this project. However, the owner may be able to argue that AT&T is not an intended beneficiary of such utility easements, which were intended for gas, electric, water and sewer companies, etc. Further, Plat 5 specifically names some companies and no cable or internet provider was mentioned. AT&T is solely relying on its position that it falls under the general “utility companies” easement.
As the board indicated in the earlier message below, before and after photographs of your property will help to support any claim you may have if AT&T’s contractor(s) do not restore your property to your satisfaction.
Your subdivision board has been informed that contractors for AT&T will be installing underground fiber-optic cable in our subdivision starting with the homes on Country Club Drive nearest to Greenway Drive. They presumably have a utility easement to do so. As far as we know AT&T has not given any notice to homeowners of their work schedule for the installation.
See the attached door-hanger information offered elsewhere by AT&T. Homeowners may be wise to have before and after pics of their property in case there is a need to make a claim for damages as AT&T indicates that they will remedy any damage for which they are responsible. Please click the images below for more detailed information.