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JacquelineV1 (Delaware)
Posts: 13
Posted:
We are in an HOA where we are responsible for everything that is on our property. The HOA is responsible for HOA property. We do not own the land or the sidewalk upon which it is constructed. No one seems to know "who owns the sidewalk". My assumption is it is the developer owned HOA but it could have been deeded along with the streets. At the the time that the sidewalks were laid they were not done correctly. The streets are about to be turned over to the town. The town just passed an ordinance stating that the homeowner is responsible for repair of the sidewalks. However, the town required the developer to make all necessary repairs to the curbs that the town will be required to maintain. There is also between the the sidewalk and the curb a green belt with a tree. The HOA most definitely owns that piece of land and is required to maintain it according to our covenants but sent an eblast rather than formally amending the covenants even when I pointed out that the covenants stipulate that they are required to formally amend the documents. The developer is in control of the board and as such feel they can do whatever they like. Unfortunately Delaware does not have HOA laws and it falls back to the CC&Rs

I was wondering if anyone else lives in an HOA where you do not own the sidewalks or the land beneath them but are being forced to maintain them because your property abuts the sidewalk.

Thanks for any information you can offer on this topic.

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