driveways cracking

Started by MikeB16 • 5 replies • 1954 views

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MikeB16 (Montana)
Posts: 17

Posted:

We live in a development that is about 5 years old. I am on the board. Many of the private driveways are cracking and separating. We kind of agree there must have been some negligence in concrete work by the developer, but I think as an HOA, we should stay out of this problem as none of the common driveways seem to be affected. Am I right?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Mike,

Do not exceed the authority of the Association. The Associations responsibility is the common area. If those areas are fine, then it's not your issue.

However, if, based on the private driveways failing, the Board believes an inspection of common area is driveways is warranted - that would be prudent. However, do not test private driveways, as this is not the responsibility of the Association.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Mike,

Since there is some evidence of faulty work within the boundaries of your association, it might be a good idea to inspect all elements owned by the association to see if there are any construction defects.

One thing that would concern me is the age of your association. I do not know how things work in Montana but around here the warranty runs out after six years. You do not want to let the clock run out before trying to remedy defects.

MikeB16 (Montana)
Posts: 17

Posted:

We don't see any visual defects on common areas. Actually what drove us to purchase this particular unit was what we thought was superior workmanship on the buildings. We also bought the unit next door last winter. The warranty we got with our deed was only one year. The driveway on our original unit was cracked and separated slightly, but in my opinion at the time, I didn't think it was a big enough deal to make a fuss about. Some of the driveways are pretty bad though. One I saw was cracked and raised a good inch on the expansion groove.

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Quote:

Posted By MikeB16 on 04/09/2015 9:27 AM
We live in a development that is about 5 years old. I am on the board. Many of the private driveways are cracking and separating. We kind of agree there must have been some negligence in concrete work by the developer, but I think as an HOA, we should stay out of this problem as none of the common driveways seem to be affected. Am I right?

I will disagree that there is guaranteed negligence in the developer's concrete work. Cheap work of a new subdivision to lower housing costs? Maybe.

Keep the HOA out of it.

MarkM31 (Washington)
Posts: 556

Posted:

Quote:

Posted By MikeB16 on 04/10/2015 8:58 AM
We don't see any visual defects on common areas. Actually what drove us to purchase this particular unit was what we thought was superior workmanship on the buildings. We also bought the unit next door last winter. The warranty we got with our deed was only one year.

There is probably a ten year statute on construction defects in Montana

http://www.uslaw.org/files/Compendiums2012/Construction/Montana_Construction_Compendium_12.pdf

The problem is that concrete cracks, so proving a construction defect versus the normal and inevitable, especially in an area of frost heaving is difficult (read: impossible)

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