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MikeT16 (Nevada)
Posts: 3
Posted:
Not sure if this is the right place to ask but I know a homeowner in an HOA where the HOA keeps forcing him to repair a little retaining wall that keeps getting hit by cars/trucks backing up into it due to being in a cul-de-sac. This retaining wall is about 3-4 feet high and it goes from the cul-de-sac street to the community wall. There are two of these walls-- one on the said homeowner's side and another on the another homeowners side. Between these two walls is essentially a walkable concrete path to a crash gate that is part of that community wall.

The problem here is that vehicles that can't make a full turn on the cul-de-sac tend to stop in front of the homeowner's driveway and then back up. When they back up, they back up into that 3-4 feet retaining wall. If the driver doesn't see the wall (or doesn't care), they'll back right into the wall and damage it.

The above scenario has happened twice already on the homeowner that I know. First time, after much back-n-forth with the HOA, the HOA said they will repair it as a one-time courtesy. Second time the HOA is forcing the homeowner to fix it. Now the homeowner said someone in the community already helped to fix it so it looks to be fixed. However the HOA keeps coming back with letters stating it needs to be fixed and with matching colors. Problem is it's the same brick but colors are probably mismatched due to fading from being in the sun (this is in Las Vegas).

But the concern is this-- the retaining walls are really part of the community fixtures that happens to be on the homeowner's property. If drivers keep hitting this wall, according to the HOA, the homeowner bears the responsibility to fix it. Homeowner has asked the HOA to lower the wall, push the wall back behind the street so vehicles will miss it (by removing the bricks), or adding a steel pole in front of the wall as a barrier. The HOA will have none of that.

Is there something the homeowner can do to resolve this issue with the HOA? Seems like the HOA is bullying this homeowner just because they keep referencing a section in an article of the governing docs that states it's the owner's responsibility. If it is the owner's responsibility since it is on the owner's property, shouldn't the owner have the opportunity to modify that wall such that scenarios like the above don't happen again?

Any help or suggestions would be appreciated.
MarkM31 (Washington)
Posts: 494
Posted:
Quote:

Is there something the homeowner can do to resolve this issue with the HOA?

A security camera and nail the drivers who hit it
MikeT16 (Nevada)
Posts: 3
Posted:
Not sure if this will fly since this is forcing the homeowner to install a surveillance system just for the sake of a retaining wall that is way outside of the main property (HOA calls it party wall) and is really shared by everyone. If the HOA can install one, that's fine (they already have some for the main entrance). Otherwise it is best if the HOA allows the wall to be "pushed" back behind the street, or at least add a metal pole in front as a barrier. Otherwise vehicles will just keep backing into this wall without giving a darn.
MarkM31 (Washington)
Posts: 494
Posted:
Quote:
Posted By MikeT16 on 02/23/2018 9:09 AM
Not sure if this will fly since this is forcing the homeowner to install a surveillance system just for the sake of a retaining wall that is way outside of the main property (HOA calls it party wall) and is really shared by everyone. If the HOA can install one, that's fine (they already have some for the main entrance). Otherwise it is best if the HOA allows the wall to be "pushed" back behind the street, or at least add a metal pole in front as a barrier. Otherwise vehicles will just keep backing into this wall without giving a darn.

Their choice
LetA (Nevada)
Posts: 2,679
Posted:
The homeowner should contact a certified public adjuster and his insurance company to get an opinion. On the surface it sounds like this wall is a common element
and the responsibility of the association not the individual home owner.

if I was the homeowner I definitely would invest in a quality motion activated surveillance camera that would capture the collision and get a license plate. Leaving the
scene of an accident and failure to report a collision are both criminal offense and the homeowner or the association can recover damages from the offenders insurance company .
BenA2 (Texas)
Posts: 1,273
Posted:
The only way to be sure who is responsible for the wall is to check the Covenants, conditions, and restrictions (CC&Rs). The owner should have a copy and, if he doesn't, can get one from the HOA. If the CC&Rs are not clear then he may have some recourse but should probably speak to an attorney.
KevinK7 (Florida)
Posts: 1,343
Posted:
Is there anything filed like a use agreement or easement? I lived in a neighborhood where an association wanted a new wall. They had every affected property grant an easement for the wall to be built on but it was the association's wall. When someone hit it they claimed the homeowner was responsible until the easement was pointed to for resolution.
KevinK7 (Florida)
Posts: 1,343
Posted:
Also, who initially built the wall?
MikeT16 (Nevada)
Posts: 3
Posted:
The homeowner bought the house when the community was already completed so the wall has already been up. However looking at the entire community, looks to be a community-built thing since all cul-de-sacs have similar wall structures. I'll post a picture a little later.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By MikeT16 on 02/26/2018 6:54 AM
I'll post a picture a little later.

Try to put it in a small PDF. Posting attachments here is a bit wonky.
DouglasM6 (Arizona)
Posts: 724
Posted:
If it's not common property can the owner of the lot simply remove it? I realize that's not much help, but that's the direction I would take it if I were the homeowner.

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