If the plat hasn’t been recorded as of yet, then the property lines are still fluid. IE; they can be easily moved and it’s not really an issue. This is of course assuming that the townhome is being platted like a condominium is. If the plat IS recorded, then this would most likely be much more difficult (but not insurmountable) issue.
I live in Houston Tx. I am going to be buying a new townhome and our home in encroching on the hoa land by three inches. The Builders is redrawing the survey and giving us the three inches from the HOA. His justification is that he owns the whole porperty and he can changes it at will. Is this legal?