Sidewalks

Started by LarryM11 • 11 replies • 928 views

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LarryM11 (Tennessee)
Posts: 6

Posted:

Our Board has recently been made aware that all sidewalks in our community are on homeowner's property. Our sidewalks have started rising due to tree roots. These trees are located in common area and are within feet of the sidewalks. I am of the belief that our homeowners would gladly deed the "sidewalk property" over to the HOA so they would not have to assume liability if someone was injured but I'm not sure if mortgage companies would allow this. Has this happened in any other communities and if so how was it resolved. Thanks.

LetA (Nevada)
Posts: 2,679

Posted:

Question #1.) Are you a Gated community?

Question #2.) do you perform your own landscaping to the trees, bushes, shrubs etc on YOUR personal property, OR does your HOA dues cover landscaping as part of the CC&R'S????

I personally never seen where sidewalks are deeded to a property owner in any HOA gated or non gated, I would check your property documents from the county recorder.

I am assuming that trees on your tree lawn are buckling the sidewalks, and the HOA wants to hang the responsibility on YOU the property owner.
CHECK YOUR owner docs,, CHECK YOUR owner docs.

Either way you are on the hook for the sidewalks. If your documents from the county say you own the sidewalks then I would double down on the HOA and ask that the tree with the invasive root system be replaced with a tree that don't have an invasive root system or replace the tree and use a root barrier.

If the sidewalks are common property, likely one of two things will happen. One your HOA will use reserves to pay to replace the busted sidewalks or Two, the BOD will levy a special assessment for the sidewalks.

LetA (Nevada)
Posts: 2,679

Posted:

If you are in a non gated community, your sidewalks are "owned" by your local jurisdiction.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Confused here... You want the sidewalks to not be part of the individual homeowner's responsibility correct? However, you want ALL of your neighbors now be responsible for everyone's sidewalk by turning them over to the HOA? So if "Miss Sally's" portion of sidewalk tears up, you ALL now contribute to paying for her repairs? That is what your saying when you want the HOA to take over responsibility.

Former HOA President

LarryM11 (Tennessee)
Posts: 6

Posted:

Correct. HOA to take over responsibility liability and repair of sidewalks.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

So the HOA means ALL the owners contribute to the repair and liability if the HOA takes over. You do understand this right? A HOA isn't a "They or Them". It is YOU and your neighbors. So asking the HOA to take responsibility means everyone one of you do.

Former HOA President

TimB4 (Tennessee)
Posts: 21,062

Posted:

Larry,

One could argue that the tree roots caused the damage and the owner of the tree should be held responsible to fix the damage. However, you would likely need to go to court to make that happen.

You can gather support from the membership and amend your covenants to make sidewalks the responsibility of the Association (expect increased assessments for this added expense).

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Larry

The HOA assuming responsibility means all owners (yourself included) will ultimately pay for this.

LarryM11 (Tennessee)
Posts: 6

Posted:

1) No, we are not a gated community. We are a small community (84 homes) located between a farm and a church but there is an apartment complex located nearby and we have a number walkers and joggers on our sidewalks daily.

2) Landscaping, trees, bushes, shrubs, etc, on homeowner property, are maintained by the owner not the HOA. HOA only maintains common areas.

FYI - our streets are private

The trees that are causing the buckling are on HOA property.

In addition to repairing the sidewalks homeowners in my community are worried about liability should an individual fall and injure themselves.

LarryM11 (Tennessee)
Posts: 6

Posted:

This issue on our next Board agenda to discuss who is responsibility for repairs. I'm of the belief the HOA should be responsible and I understand that includes me.

I'm also of the belief it is not fair to our homeowners to assume liability for the sidewalks and I don't know what to suggest to change this.

LarryM11 (Tennessee)
Posts: 6

Posted:

Yes. I understand.

LarryM11 (Tennessee)
Posts: 6

Posted:

The roads in our community are private. The City has confirmed they are not responsible for our sidewalks.

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