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EricV (Iowa)
Posts: 2
Posted:
I live in an association that has no common area. There are homes that back up to a main street and next to that street is an easement with a sidewalk. In the last HOA meeting it was definitively stated by the city that the easement area was not a common area and that the lawn and sidewalk maintenance was the responsibility of the homeowners who have property adjacent to the easement (much like that in front of peoples houses). For the past two years the HOA has been using the HOA funds to mow and clear snow from the sidewalk and easement area for these homeowners while the people who do not have properties on this easement just pay for it without any benefit. Since it has been established by the city that these easements are the responsibility of the homeowners, is it legal for the association to use funds to maintain these easements?
AugustinD
Posts: 5,144
Posted:
-- Who are the parties to the easement?

-- What does the easement say?

-- What does your HOA's (condo's) declaration say about the easement area?

-- I have doubts that the City has the legal standing to rule on who has responsibility for the easement area.

-- Is this a condominium or homeowners' association? Often state law has different statutes for each. Just because the legal name of a community has "homeowners' association" in it does not mean it is a HOA under state statute. Check your community's articles of incorporation for what they say on the point.
EricV (Iowa)
Posts: 2
Posted:
This is one single street with 24 homes in a huge subdivision that has no other HOA's in it. The sidewalk on the other side of the street is maintained by individual home owners as per city rules. Declarations contain no wording on easements because the city governs easement rules (no trees or fences with 30ft of street, etc...) By city law you have to clear snow within 24 hours after the snow end.
AugustinD
Posts: 5,144
Posted:
EricV, thank you for the additional info. If your HOA's governing documents indicate there is no common area, then I think you are right. (Though then I would question: What is the purpose of the HOA? Only covenant enforcement? Do the 24 pay dues to the HOA?) If you want the HOA (as a whole) to cease paying for maintenance of the sidewalk, then you can start with a polite letter questioning this. Ask for an explanation that cites the appropriate law and sections of the governing documents. If the board digs in, then I think you have two options: Either (1) run for the board with a like-minded group to stop this practice; or (2) escalate to a demand letter, sent by you or an attorney you hire. Google for info about the concise format and main points of a demand letter.

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