JohnS100 (New Mexico)
Posts: 1
Posts: 1
Posted:
Hello all,
I am a member of a small HOA in Albuquerque, New Mexico.
We have 22 privately owned single family residences in a cul de sac, we are not condos or townhouses.
The only reason we have a HOA is because the original developer need to secure permanent maintenance of a small drainage easement.
We do have a full set of documents including language that requires proper upkeep of individual homes, etc
Eight of our houses face a public street and they each have a same height, color, wall that separates them from the sidewalk and street.
Our documents do say that the HOA itself is responsible for the maintenance of those walls, even though they are clearly on the individual's property and legal descriptions.
I can only assume that some 30 years ago when these houses were built and the developer created the HOA that he put that language in the documents for a reason?
And I assume that reason is so that if an individual property owner did NOT keep their wall facing the street in proper repair and IF it came down and injured a pedestrian then the liability
would be carried by the HOA itself and not the individual property owner in the event of a lawsuit?
I keep thinking the developer had to have a specific reason for wanting the HOA to bear this liability and not the homeowner, could it be city, county, state HOA governing law?
No one here knows, no one here can find any such language in the state HOA regulations, they say nothing at all about directing HOA documents to say the HOA is responsible.
Which makes me think, if this is true then why why why would the original HOA members agree to this language 30 years ago IF no state regulation required it?
The present membership will vote to change the language in our HOA documents to state that the individual homeowners will be responsible for their own wall maintenance.
Do any of you experts see any reason why changing our documents to this effect would not be ok?
I am afraid that some day in the future a homeowner will let their wall deteriorate and it falls on a walker on the outside sidewalk who then sues both the property owner and also the HOA.
And a future judge rules that yes, the HOA CAN be sued, and simply changing our documents did not good to take the HOA off the hook?
Has any of you dealt with this before, outside walls facing sidewalks/streets, are you aware of an overriding city, state, county regulations requiring HOAs being the responsible party?
Again, no one is of any help here with this. We all pay a paltry $150 a YEAR in dues to simply take care of a tiny city park in the middle of our dul de sac and no money to pay attorneys.
HELP?
John
I am a member of a small HOA in Albuquerque, New Mexico.
We have 22 privately owned single family residences in a cul de sac, we are not condos or townhouses.
The only reason we have a HOA is because the original developer need to secure permanent maintenance of a small drainage easement.
We do have a full set of documents including language that requires proper upkeep of individual homes, etc
Eight of our houses face a public street and they each have a same height, color, wall that separates them from the sidewalk and street.
Our documents do say that the HOA itself is responsible for the maintenance of those walls, even though they are clearly on the individual's property and legal descriptions.
I can only assume that some 30 years ago when these houses were built and the developer created the HOA that he put that language in the documents for a reason?
And I assume that reason is so that if an individual property owner did NOT keep their wall facing the street in proper repair and IF it came down and injured a pedestrian then the liability
would be carried by the HOA itself and not the individual property owner in the event of a lawsuit?
I keep thinking the developer had to have a specific reason for wanting the HOA to bear this liability and not the homeowner, could it be city, county, state HOA governing law?
No one here knows, no one here can find any such language in the state HOA regulations, they say nothing at all about directing HOA documents to say the HOA is responsible.
Which makes me think, if this is true then why why why would the original HOA members agree to this language 30 years ago IF no state regulation required it?
The present membership will vote to change the language in our HOA documents to state that the individual homeowners will be responsible for their own wall maintenance.
Do any of you experts see any reason why changing our documents to this effect would not be ok?
I am afraid that some day in the future a homeowner will let their wall deteriorate and it falls on a walker on the outside sidewalk who then sues both the property owner and also the HOA.
And a future judge rules that yes, the HOA CAN be sued, and simply changing our documents did not good to take the HOA off the hook?
Has any of you dealt with this before, outside walls facing sidewalks/streets, are you aware of an overriding city, state, county regulations requiring HOAs being the responsible party?
Again, no one is of any help here with this. We all pay a paltry $150 a YEAR in dues to simply take care of a tiny city park in the middle of our dul de sac and no money to pay attorneys.
HELP?
John