sidewalks

Started by DeeS1 • 7 replies • 1643 views

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DeeS1 (Michigan)
Posts: 223

Posted:

Any opinions?

Our governing documents officially list our community sidewalks as common elements. When our community site plan was approved, the city had no requirement for including sidewalks and hence no official maintenance requirements, but sidewalks were installed within the right-of-way along each homefront. Although most are not aware of it, each homeowner's property actually starts on the home-side of the sidewalk, not the curb.

Our HOA, to varying degrees, has always taken responsibility for maintaining the sidewalks as common elements per master deed.

Last year, our city adopted a new zoning ordinance which now requires sidewalks for new communities and also requires "Property owners shall be responsible for the condition, cleanliness and maintenance of the areas within the road right-of-way in front of their lot between their lot lines and the pavement edge."

I know city documents take priority over our HOA documents. Would this mean now that the sidewalks become the responsibility of the homeowner?

FYI -- our streets/right-of-way is public, not private.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Dee:

It essentially means if the HOA does not properly maintain per their master deed and per the assessment charged to homeowners for said maintenance, then per the City ordinance if the City feels there is a violation they will send notice to the homeowner. The homeowner will then be contacting the HOA Board wanting his sidewalk fixed and brought back into compliance per the master deed.

The city just added a potential loop or fall guy into the existing circle.

DeeS1 (Michigan)
Posts: 223

Posted:

Humm ... I hadn't thought of it that way.

I was looking at it more from the perspective that the new ordinance says "Property owners shall be responsible for ..." means that they ARE responsible for it (shall=must, right?) and then, therefore, our wording in our governing docs that made it hoa common element responsibility would no longer be valid.

DeeS1 (Michigan)
Posts: 223

Posted:

I also don't know if it matters, but our streets and the right of way where the sidewalks are located are now dedicated as public, not private (as they were at the time authoring the master deed).

It just seems like a giant mess to me. If the sidewalks are not within "private" association area, should the HOA rightfully maintain them. Or, once the streets were dedicated, did the sidewalks then revert to falling under city guidelines/responsibility as well?

I'm just trying to figure it out for rightfull reserve savings in our budget ... it's a lot of money and if they are not technically the association's, I'm not sure we should be saving for them.

JanetB2 (Colorado)
Posts: 4,219

Posted:

How about giving a call to he City Planning and get clarification regarding the Ordinance. It is written similar to most city ordinances of this nature, but the homeowners are usually only responsible for items such as snow removal, sweeping dirt/leaves, etc. The city is actually who does the construction maintenance because of potential liability as they own the property.

Call and ask who actually is responsiible for replacing the sidewalk when needed. If they took over the ownership of the property then they probably are who will be the responsible party for maintaining.

BrianB (California)
Posts: 2,820

Posted:

if the sidewalks are common elements, then the HOA is the property owner.
so, the city rule just backs up your already existing rule.. the HOA owns the sidewalks.

DeeS1 (Michigan)
Posts: 223

Posted:

If the streets and right-of-way are dedicated to the city, is the HOA still the homeowner? I thought that meant they were now "owned" by the city via deed acceptance.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By DeeS1 on 02/08/2011 7:27 AM

Last year, our city adopted a new zoning ordinance which now requires sidewalks for new communities and also requires "Property owners shall be responsible for the condition, cleanliness and maintenance of the areas within the road right-of-way in front of their lot between their lot lines and the pavement edge."

A) This might not be applicable to your development as you are not a new development. Reading of the actual ordinance would be required to see how it is worded.

B) The property owners have agreed in writing (your CC&Rs) that the responsibility for the sidewalks will be the Association. Therefore, if there is an issue with a sidewalk and the city contacts the property owner, the owner would just need to refer to the documents and direct the issue to the HOA.

Tim

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