Definition: Footprint of Property

Started by RobynH1 • 8 replies • 6626 views

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RobynH1 (South Carolina)
Posts: 39

Posted:

Owners are wanting to know exactly what is meant by footprint of property when it comes to responsibility of the Owners.

Also, when a crawl space is involved does the Owner who has been told they own the footprint of their home include the
crawl space?

Some properties are on slab and some on crawl spaces.

Thank you.

Robyn

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Robyn

It can vary depending on the building structure.

Generally a footprint is the outside edges of the existing structure.

In a standalone home, usually the footprint is everything within the outside edges of the structure thus slab, crawl space, attics, basements, etc. are within that footprint and the responsibilty of the structure owner.

In townhomes and multi unit buildings, usually the responsibility begins at the inside edges of ones unit thus slab, crawl space, attics, basements, etc. might be the responsibility of the association. These type structures can get very, very tricky.

Footprints are important. Associations aside. If one wants to make changes within their existing footprint, generally all one needs is a simple building permit. If one wants to make changes to the existing footprint, they often have to undergo a much more rigorous licensing/procedure prior to building permits.

Hope this helps.

RobynH1 (South Carolina)
Posts: 39

Posted:

Thank you for responding John. I thought you would have a good response.

This is a one story 4 plex with dirt floor crawl space. There are 4 bldgs. like this in our complex.

The issue is not a structural change. The question at hand is one of ground water which has come and gone under
this building over 25 years and no one has addressed the issue and owner is thinking this is an association problem
not an individual owner problem.

Furnace is located under these units as well. Heating and air is responsibility of owners. That said, any ducts, insulation under the condo is also the responsibility of owner. Owner stated due to dampness from ground water assoc.
should replace insulation any duct work and place protection against future dampness. Thus my question about footprint
definition.

Owners in the past have taken this on and suffered the expense of replacement of furnace, ducts, plastic sheeting on the ground.

There has been 4 different builders in here with 4 different structural designs. One building is a townhouse, 3, one story 4 plexes w/crawl spaces.

Patio homes with crawl spaces with cement floors in the crawlspaces. All have drain pipes leading outside at a level
acceptable for run off if necessary.

One buiding inspector made this statement to me which I never really agreed with as acceptable. If underground or surface water drains from under the house within 5 days there is no real water issue and it will pass inspection if
inspector checks back in 5 days to see if water is gone.

In summary:
Underground or temp.spring surface water in crawl spaces within the footprint of 4 plex units are who's responsibility
under definition of footprint of ownership. The natural run off is within the confines of the concrete walls of the individual unit.

John, your opinion and where do I go at the county to look up what ever I should to resolve this question?

Thanks

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Robyn

I am still not sure about the type of construction.

You say 4 plex. Are these units side by side as townhouses would be? Meaning no units in front, behind, above, below each. 4 ground level units (left, middle left, middle right, right), each with a crawl space under it. Each crawl space unique to the individual unit and seperated from each other as in one cannot crawl from one crawl space to another crawl space. If so, then I say the crawl space, is the responsibility of each unit above it much the same as if each unit had a basement/cellar, versus a crawl space.

Now let us say four units, one on top of the other (bottom left, upper left, bottom right, upper right)and the crawl space is under the two bottom units, then I would say it is shared common space and the association is responsible.

You did say in the past that each unit was responsible for its own crawl space. How has this changed? One person saying it should be changed does not make it so. If this is an issue, then I say the association lawyer should look at the issue before the association says they are not responsible or says they are responsible.

Hope this helps.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Robyn

As an add on. Typically a crawl space does not have running, standing water in it. They usually also have a plastic shheting ground cover (moisture barrier) to prevent moisture from rising up through the ground.

I believe crawl space should be dry, but another issue perhaps.

Hope this helps.

RobynH1 (South Carolina)
Posts: 39

Posted:

John,

Your first paragraph discribes the 4 plex (units side by side) in my inquiry. What you have stated is in line with my thinking.

I agree with your thinking about the standing water response as well.

Again, thank you ever so much.

I would appreciate your recommendations on my other post about driveway reseal quotes does and don't.

R.

RobynH1 (South Carolina)
Posts: 39

Posted:

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Robyn

The main complaint on seal coating out here has not been the quality nor cost but those driving on it before cured and vehicles in the way of a complete job being done.

It will be critical that a plan is put in place to be sure all vehicles are out of the way and it has time to cure properly. It might well have to be done in stages over a few days or so.

Do not assume a few cones or empty cans will block some fools from driving on it. You need to really block people...Jersey barriers....LOL

As far as quality and cost, I would look for a local company with a proven track record. While it might not be the "cheapest", in the long run it will probably be the most cost effective.

I would also ask/check about curing verus temperatures as in if not done soon then I would lean toward waiting until early spring when the weather warms up. It might well take that time to "locate" the best company to do it.

Hope this helps.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I think John did an excellent job addressing your question(s). Just wanted to add my 2 cents to take it to the next level. IF your HOA decides that it is responsible for these repairs, then comes in the question of funding. A HOA is ONLY funded by it's members FOR it's members. So if the HOA is going to pay for this, that means ALL the HOA members will be paying for this. Which basically breaks up the bill amongst ALL the members to pay.

If your HOA isn't funded enough or the bill to high to cover with dues collection, then a special assessment will have to be made. The owner will have to understand that this means that they will be responsible for paying their share of the special assessment that ALL the owners must pay. Unpaid special assessments are subject to liens. The owners will also have to approve to have a special assessment in order to pay for this bill. That is AFTER the majority agrees it is the HOA's responsiblity and NOT just owner.

So you will have some hurdles to jump here if your HOA does decide to take this project on. Have to go through the special assessment process or decide the owner's responsibility are the crawl spaces defined clearly. It's not that simple is just saying the HOA is responsible. What if it is...How do you fund this?

Former HOA President

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