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JessicaB2 (Washington)
Posts: 1
Posted:
Our HOA hired a contractor to fix the panels in our concrete sidewalks in front of our homes. Not all the sidewalks were replaced, but just certain ones that were cracked or uprooted by neighboring trees. The contractor did a fine job to fixing the sidewalks until he got to the front of my home. They left a 3 inch lip above the soil level, and a 2 inch gap on the end of my walkway (which runs perpendicular to the sidewalk). We pointed out to the HOA professional that the contractor made errors when he formed this sidewalk, and that we now have a tripping hazard in the front of our house. After personally showing pictures and talking to the board about it, we find out a month later that if want to have the hazard that they created removed, that we have to pay for them to pour new concrete.

Am I wrong, but if there was no problem before hand and then the HOA created one by having this contractor come in, shouldn't they be financially responcible for fixing this problem and taking away the tripping hazard? I understand that our land may have erroded (from all the water we get from our neighbors), but shouldn't have the contractor taken this into account when pouring new slabs of concrete?

Thoughts??
SureshD
Posts: 268
Posted:
Not uncommon. BOD will tell you how cautious they are with the membership funds but rarely inspect work before paying the contractor or utilize a "final payment based on inspection of work" clause. Either may have helped you.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Is the sidewalk on your land with a sidewalk easement? Or is the sidewalk land owned by the association?

If you own it, you could be liable for someone hurting themselves on your land. I would put out a bunch of traffic cones on the lip with a "trip hazard" sign and then ask the BOD to fix it. Hint, hint.
DanielH1 (California)
Posts: 482
Posted:
The HOA is financially responsible for fixing it but, if they choose not to fix it, that is their right and choice, not yours.

They essentially said to you, "We don't care if it gets fixed or not. We're not going to pay any money to fix it. If you want it fixed, fix it yourself and out of your own pocket. Otherwise, live with it." The bright side is that they may allow you to fix it; they could easily have prohibited you from fixing it as well.

I know that you would have preferred that they not touch it at all but that's the past, not the present.

You could ask the HOA for the contractor's phone number and hassle the contractor to come out and fix it for free. Maybe, if you hassle him enough, he'll do it just to make you go away.
SusanW1 (Michigan)
Posts: 5,202
Posted:
It is not uncommon to see new sidewalk cement as higher and differently positioned to other parts than what was there before.

Raise up your landscape (lawn)to meet the new height and fill in the 2" gap with a tube of cement.

Apparently, the board does not consider these as "hazards".

Are you saying that NO other homeowner has a different height level than before?

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