BoDs has decided not to enforce homeowners to remove snow from sidewalks in front of homes

With the snowfall this year? Everyone should get a break.

Hi Susan:

I would bet if you check your local city ordinance this is something covered. My city requires homeowners to remove snow from the sidewalk in front of their property. So even if our CCR's did not have this provision it is required by the local government.

Not true. There is no Village ordinance that requires removal of snow.

The state of Illinois, however, has a law that states that if a homeowner has made a reasonable attempt to remove snow and ice from their sidewalks that they cannot be held liable for any injury commencing from a slip or fall on the sidewalk.

If it only states "maintain sidewalks", then maybe this needs to be clarified with a vote to amend if it is causing a huge problem. This way there would be no doubt exactly what "maintain" entails.

Susan,

Rather then have different Boards interpret the covenants different ways (and like Brian, I can see an argument being made for either interpretation), I would suggest that you propose a snow policy resolution to the Board so there is no more confusion.

IMO, I had initially proposed a policy that said residents were responsible for the snow removal from the sidewalks in front of their home. However, when I looked at it from the view of the Association, I saw where that same policy would indicate that the Association would be responsible for removing the snow from sidewalks that only bordered common area. Once the board looked into the expense of hiring people to do this the board chose not to adopt the policy.

Fortunately, our development has a good sense of community and most people pitch in to clear walks on the common area and even their neighbors sidewalk.

Tim

Good points on your proposed policy Tim, I had not looked at it that way but you are right it would be additional HOA expense. We have not run into this issue because at this time our development is similar to yours, all neighbors help each other and everyone pitches in as needed. I sincerely hope it always stays that way.

I think it's important to call out a big distinction between condos and HOAs. With condos you typically don't own outside your walls. In fact it's not uncommon for condo associations to have rules prohibiting homeowners from taking on maintenance tasks (for a variety of reasons). With condos many times folks who move in do so because they're not interested in or capable of the rigors of regular home ownership (due to age, career, whatever).

In no way am I faulting you for being a good neighbor, I just want to point out that when you're dealing with a condo (as opposed to an HOA) these types of things are almost always the association's responsibility. It's not fair to expect a few well intentioned owners to take on tasks that benefit everybody.

Thanks for the responses.

Our HOA already is responsible for clearing all common areas of snow. We, as members, pay for the services with our monthly dues.

I also agree to deliver the notices, if that is what it takes, but we (the HOA) already pay a service to do this. But, I will be sure to offer my assistance.

The only problem is the sidewalks in front of residences. The most amazing habit has formed among many residents where they remove snow from their driveways and pile the snow into mounds on the sidewalks on either side of the driveway.

I recently wrenched my back while climbing over one of these mounds and have now been in pain and out of commission for over two weeks.