Roadside maintenance

Started by JohnH38 • 4 replies • 1219 views

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JohnH38 (South Carolina)
Posts: 100

Posted:

Here is a kind of holistic maitenance topic.

My gated community has 143 lots about ½ of which are undeveloped. The roadway (road, curb & roadside) are association owned. The covenants say the association is responsible for maintaining "common grounds" i.e. portions of the Property that all can enjoy (tennis courts, pool, clubhouse, parks &c.). The roadside is an easement (!) of about 10-12' on either side of the road that the owners of a developed lot are expected to maintain.

The BOD has decided to have the association maintain the "frontages" of the undeveloped lots and the expense ranges from 25 to 40 % of total landscape maintenance.

My opinion is that all lot owners should maintain "their" roadside, whether the lot is developed or not, or inversely that the association should maintain all roadsides..

It is a grey area left at the discretion of the BOD that is "responsible" for the Property. Are the roadsides to be considered "common ground" as they are easements, in other words is an easement to be considered "common grounds"? Traditionally the owner of an undeveloped lot is responsible to maintain it to certain standards, weeding, bushhogging and what not.

What sayeth though, JohnH38

PS the covenants are vague and don't specifically address this topic.

PaulT6 (California)
Posts: 409

Posted:

John,

In our Assn the Developer is long gone, all the roads are owned by the Town. Similar to your situation, the town has a right of way, like your easement , extending from 10 to 15 feet back from the edge of the road which they keep clear of volunteer trees and brush for snow removal purposes. We also have fire safety rules for all private lots to provide defensible space for homes and to keep undeveloped lots in a fire safe condition.

In your case, if I am understanding all this correctly, I agree with you that each of your private lot owners should maintain the easement, roadside, frontage, or whatever it is called, portion of their lot in the same condition as the rest of the lot. I wouldn't consider that space as "common area" in the general sense.

I am wondering why the Assn considered or granted it as an "easement" like they would for utility or access purposes?

As always, my opinion, offered at no cost, and for what it is worth,

Paul T

JohnH38 (South Carolina)
Posts: 100

Posted:

Paul

A roadside is not a right-of-way, but can only be used by/for (underground) utilities, mail boxes, fire hydrants, PKWY trees, stop signs and what not.

Setbacks and easements are also no right-of-way (like for a new road).

Not sure if it is your property, although you are expected to maintain it. In a former development wher I lived, a PKWY tree died. The village replaced it and charged me $500 because I didn't take "adequate" care of it.

As ever, JohnH38

PaulT6 (California)
Posts: 409

Posted:

Quote:

Posted By JohnH38 on 12/04/2012 5:39 PM
Paul

A roadside is not a right-of-way, but can only be used by/for (underground) utilities, mail boxes, fire hydrants, PKWY trees, stop signs and what not.

Setbacks and easements are also no right-of-way (like for a new road).

Not sure if it is your property, although you are expected to maintain it. In a former development where I lived, a PKWY tree died. The village replaced it and charged me $500 because I didn't take "adequate" care of it.

As ever, JohnH38

John,

In our case our property line starts about 10 to 15 feet back from the paved edge of the road. The right of way, from the paved edge to our property is "maintained" by the Town. Meaning if we plant anything or landscape on it the plow removes anything in it's way.

If the "roadside" is only for utilities, etc, I would think it would be difficult to classify it as common area "for the use and enjoyment" of the Members?

Sounds like the Village used "creative financing"

Paul T

PaulT6 (California)
Posts: 409

Posted:

Forgot this, If you don't own the "roadside", it may be difficult to make the property owner pay, individually, to maintain it?

Paul T

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