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RogerB (Colorado)
Posts: 5,067
Posted:
When should a concrete driveway be replaced? I have not seen a specific measurements of deterioration which can be stated as a Rule and Regulation. When citing a violation which may be questioned how does one decide so that it is not considered just an arbitrary call "in the eyes of the beholder". I am looking for specific criteria which is measurable and would hold up in Court.
FredS7 (Arizona)
Posts: 927
Posted:
> I am looking for specific criteria which is measurable and would hold up in Court.

Why on earth would you need that?

This is ALWAYS going to be a judgement call. It's not like a bridge that is either standing or not standing.

To ME deteriorated means substantial amounts of spalling or cracking. But settlement cracks not resulting in significant gaps or steps would not be deteriorated enough to warrant replacement.

GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By FredS7 on 10/14/2015 11:23 AM
Why on earth would you need that?

Any number of reasons. HOA tells you your driveway has to be replaced and you disagree. Or maybe the HOA has the responsibility to maintain driveways and some are in need of replacement but the HOA is refusing to do it. Worse, maybe they are replacing some but not all and possibly showing favoritism towards some owners at the expense of others.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Roger,

Your best bet is to take pictures of the driveway with issues and pictures of the driveways near the issue.

Violations would include: failure to maintain in good order, aesthetics, etc.

This is one of those things where one can't really define it but knows it when it is seen.
RogerB (Colorado)
Posts: 5,067
Posted:
Quote:
Posted By FredS7 on 10/14/2015 11:23 AM
> I am looking for specific criteria which is measurable and would hold up in Court.

Why on earth would you need that?

This is ALWAYS going to be a judgement call. It's not like a bridge that is either standing or not standing.

To ME deteriorated means substantial amounts of spalling or cracking. But settlement cracks not resulting in significant gaps or steps would not be deteriorated enough to warrant replacement.


Why is this needed? When an HOA Board wants our management company to issue a questionable violation for a concrete driveway needing to be replaced. With a cost of $5000 to replace the concrete driveway the homeowner may says NO. Thus for the Board to enforce their decision may require going to court.

As a management company we will only issue a violation when there is a clear case or perhaps at the request of a Board when there is a Rule which is clearly defined. So can you quantify the words you provided, i.e., "significant gaps" and "deteriorated enough"?
FredS7 (Arizona)
Posts: 927
Posted:
> So can you quantify the words you provided, i.e., "significant gaps" and "deteriorated enough"?

The answer is, as I said, NO, I can't quantify. So no one can give you a definition that will hold up in court. Unless, that is, there is an actual quantitative definition in the HOA rules.

In court this would be settled after expert testimony from dueling engineers, each paid at a consulting rate. Assuming one day's worth of time (which might be an underestimate if they end up testifying in court) consulting fees alone would be a couple thousand.

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