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RobertG20 (North Carolina)
Posts: 4
Posted:
Who owns the grass between the street and sidewalk? I live in a mixed HOA where we have three sub-associations. We have single family homes, town homes and condos. The people in the single family homes think that area belongs to the HOA, the people in the townhomes and condos believe it belongs to the homeowner. I live in the townhomes and my argument is if that land is common area am I entitled to have a picnic in front of your house? None of the homeowners want to answer the question, they just want us to continue to pay to cut the grass.
GlenL (Ohio)
Posts: 5,491
Posted:
It would depend on what the CC&R's say. Common areas should be specifically spelled out. It may also depend on local law, where I used to live the city owned the section between the sidewalk and the street but the homeowner was responsible to maintain it.

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JerrellC (Florida)
Posts: 83
Posted:
Robert, You can also determine ownership by looking at the plat of the subdivision. The first page generally spells out all the dedications and other concerns, approvals and acceptances by the city and/or the commissioners, city engineer, certification by the surveyor, etc. Also unless your development is a private comunity the streets are considered public right of way to the back edge of the sidewalk, and whether they are dedicated in the fee or just an easement. Read the cover sheet and it will spell out what you want to know. Regardless of ownership the owners will need to get permission from the city or HOA if the streets are private to put anything between the sidewalk and the street. JerrellC Florida
MaryA1 (Arizona)
Posts: 388
Posted:
Robert,

Generally speaking, in a single family home Assn that area would be the responsibility of the property owner (the member); however, in a condo/townhome Assn that area would be the responsibility of the HOA. What it boils down to is whoever owns the property that the home sits on would be liable for that area. As Glen stated, that area may be owned by the city but the property owner is obligated to maintain it. That generally applies to all easement areas that border a home whether there is a sidewalk or not.
NameW (Virginia)
Posts: 74
Posted:
I strongly suggest looking at the Plats filed in the county courthouse. It is probably the property of the HOA, but I would never assume that. Technically that land could belong to someone else entirely. About 4 or 5 years ago in our HOA some owners experienced the owner of a long ignored vacant spot of woods adjacent to their homes suddenly telling them to move their backyard fences. For a very long time some lot owners had assumed it was HOA land, but it wasn't.
CjF (Virginia)
Posts: 7
Posted:
In our subdivision, and I imagine the same is true in much of Virginia, that strip of land is owned by the state Department of Transportation (VDOT) as part of the right of way where the street is running. We stress to homeowners that they are responsible for keeping it mowed, just as they are responsible for shoveling snow from their sidewalks in the winter.

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