Maintenance of Landscaping Easement

Started by MikeO7 • 6 replies • 5165 views

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MikeO7 (Georgia)
Posts: 2

Posted:

I'm on a committee to investigate my HOA's responsibility (or lack thereof) to maintain an area along a county road that runs along the back end of 4 homeowner's properties. Up until now, the Developer and the HOA have maintained the easement which is about 60 feet wide and includes trees and shrubs that were planted by the now bankrupt Developer. When the Developer went away, the management company did a contract to continue the maintenance for the common good. Now that we have our own HOA, the board has decided they don't have the $$ to continue paying a company to cut the grass along the area (which, btw, is separated from the individial owners properties by a wide area of trees and brush - so the 4 homeowners in question do not have ready access to the landscaping easement area). The HOA wants to push the responsibility onto the 4 individual homeowners for maintaining the individual areas on their own separate properties. They (the board) are saying that volunteers can't do it for liability reasons. This seems wrong, in that the lanscaping easement is for the common good of all homeowners (45 owners in total) who reside in the subdivision. Any helpful case expereince experience on this would be greatly appreciated!

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Mike:

Welcome to HOATalk.

Per your statement:

Quote:

Posted By MikeO7 on 02/25/2012 12:27 PM
Up until now, the Developer and the HOA have maintained the easement which is about 60 feet wide and includes trees and shrubs that were planted by the now bankrupt Developer. When the Developer went away, the management company did a contract to continue the maintenance for the common good.

This potentially points to the issue that the property is most likely “common area” and would be the responsibility of the HOA, especially if as you state it is not directly connected to the homeowner properties. Check your documents and plats for the property to determine who physically owns. If the HOA owns they have responsibility to maintain unless designated otherwise in governing documents.

Our prior home had an alley and which each owner was required by the city ordinances to maintain the half nearest their adjoining property. If not addressed in your governing documents you might also check with your local government planning department to see what they or the local ordinances state.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Mike

While I cannot speak to this specific situation, easements are typically a method to be sure one cannot not be denied access to something. The property is deeded, maintained by the property owner. One classic example is underground utilities running through ones front yard. Yes it is your property but the utility company cannot be denied access to them. As in dig up your front yard without your permission......LOL

Thus off the top of my head, I would think the "easement" area is part of your HOA's Common Ground thus the HOA must maintain it.

Of course, I could be wrong.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Just whose fault is it that the HOA does not have the money to maintain the common area created by the easements?

One of the more important functions of the BOD is to create a budget based on what it will cost to operate (plus reserves) and then levy an assessment that will cover those costs. Too many boards try to do just the opposite: they create a budget based on the previous assessment.

If you are on a board and not willing to look your neighbors in the eye and tell them you have to raise the assessment, then you need to find another outlet for your time.

I find it troubling that instead of increasing assessments to cover operating costs that the board considered using volunteers before trying to foist its responsibility off onto the property owners. The BOD and the homeowners have no right to expect that others will do their work for free.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Larry

A tough love, but a valid and true statement.

MikeO7 (Georgia)
Posts: 2

Posted:

Thx Larry et al! Your responses are very helpful! I'm meeting with my committee this evening, and I really believe that you folks have helped to steer us in the right direction.

Best Regards,

Mike O

JohnB26 (South Carolina)
Posts: 1,569

Posted:

Quote:

Posted By LarryB13 on 02/25/2012 2:42 PM
Just whose fault is it that the HOA does not have the money to maintain the common area created by the easements?

One of the more important functions of the BOD is to create a budget based on what it will cost to operate (plus reserves) and then levy an assessment that will cover those costs. Too many boards try to do just the opposite: they create a budget based on the previous assessment.

If you are on a board and not willing to look your neighbors in the eye and tell them you have to raise the assessment, then you need to find another outlet for your time.

I find it troubling that instead of increasing assessments to cover operating costs that the board considered using volunteers before trying to foist its responsibility off onto the property owners. The BOD and the homeowners have no right to expect that others will do their work for free.

RIGHT ON

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