Common area maintenance(CAM)

Hi All,
We are in a community and its a single family home.
Who maintains the Common area maintenance(CAM).
Who maintains easement land.
What happens if utility services mess up the easement land and along with that they mess up the private property land.

Thanks

Generally speaking, the HOA is responsible for maintaining the common areas. Check out near the front of your CC&Rs (covenants; declaration). When you think about it, why have an HOA if not to maintain, repair & replace your common areas and assets? And this probably is stated as th main responsibility of the HOA & Board of Directors.

What kind of common areas do you have, LavaK?

Th HOA vs. the City is a different topic as Bill points out.

I think, LavaK, you n might want to tell us the nature of the easement(s) at your HOA.

Lava

You say you are in a community but are you in an HOA? If an HOA, the HOA maintains the common areas. That is where part of what your dues (assessments) goes.

Most newer developments are riddled with easements. The purpose of an easement is so the holder of the easement (utility, city, water/sewage, Cable TV, phone lines, etc.) can get at/use the easement meaning they cannot be blocked from getting at it

As an example is if you have underground utilities, there typically is a easement running along the street and more than likely it extends a good 4 feet into front of your lot (yard) and you may have been maintaining it all along and never known such. Come home some day and see your the front of your yard ripped up and you will soon learn about that easement.

Typically an easement is maintained by the person who owns the land it is on. Typically a easement holder must restore the easement to its original condition if they do any work on it such as rip it open to replace a cable, pipe, etc.

Typically one cannot build nor plant on/over an easement nor block access to one, but it is done all the time especially with fences. In this case, the easement holder would remove the obstruction to go about their work and they would not be under any obligation to replace the obstruction. I know of one that nicely removed a section of fence and propped it up against another section of the fence. When the owner called the utility, they were told the utility would not replace the fence section. The homeowner had to replace it.

Hope this helps.

What common areas do you have? Just what is you concern about their upkeep?
There is some common land that no one uses and the bushes are growing heavily. until now the builder least bothered to clean the bushes in that common area.

How long have you lived on this property? Have you read the governing documents? Have you attended board meetings?
one year, and in learning process.

Is there an MC in place?
did not understand what is MC

And just what sort of damage do you now describe regarding the common area? Who is responsible for doing the damage? Is the HOA aware the damage was done?

There is some common land that no one uses and the bushes are growing heavily. until now the builder least bothered to clean the bushes in that common area.

We have some common open space between the lots backyards.
Who maintains that common open space?

No Iam not assuming.
We have some common open space. listed on our community map.

Generally, it goes like this. Home Owners are responsible for their homes and property. Condo Owners have a Unit Boundary they are responsible for. Associations are responsible for both Common and Limited Common areas, depending on what type of Association you belong to.

Easements are under the control of the Association. Example. If your HOA has an easement for future expansion, then your local Water / Power Company, may have access to that part of the property. As far as maintaining that easement, it is the Association. If your Association is expanded and the Water / Power company comes in and digs and lay their services through the easement, then it is their responsibility to put it back, the way it was, before they ran their services through that part of your property.

At that time, the responsibility for maintaining the easement, would probably fall back the Association for things like cutting the grass etc. Like I said, generally, this is the way it would go. Please keep in mind that easements are also regulated by State and County Law. If you have ever had to deal with your county, concerning construction or the use of easements, it could go easy, or it could turn into a nightmare, depending on the circumstances.