HOA Perimeter Wall

Our gated development is ringed by brick wall. The brick wall is continuous and shared by all lots along development exterior. I have been told by HOA the wall is a residents responsibility since our plat map encompasses the perimeter wall (easement). Some of the same perimeter walls are not encompassed by property plats and are responsibility of the HOA. I also assume that portions of the wall within a residents plat are maintained by HOA, since a portion is part of development entrance, etc.

We have interior retaining walls around lakes in our development which are maintained by HOA and repairs are paid for by all residents. The exterior lots pay for lake wall maintenance even though our lots are not adjacent (or even close) to lake. I have not looked at "lake front" plat maps to assess if these lots encompass lake retaining wall at this point.

I maintain "my" portion of the wall by re-pointing mortar joints which have deteriorated and risk the structural integrity of the wall. However, the adjacent (neighbors) walls are not similarly maintained and will cause my wall to fail eventually. I hope when the wall falls over, no one is hurt and I am not sued for a wall that should be maintained by HOA in my opinion.

Short of trying to have plat map amended, I would really appreciate any thoughts and suggestions on this subject.

Thank you

What's a "plat map"? An individual lot survey is not a plat. A plat is a map of sorts, but it encompasses the entire subdivision. Regardless of that, though, I would think if the exterior wall is located on an easement... who is the easement granted to? Each individual lot that the wall easement crosses, or the HOA as a whole?

I would expect that all owners would be responsible for the maintenance and upkeep of both the interior retaining walls around the lake and also the exterior wall around the community. It all depends on what your documents show and what's on the plat.

Without reading your docs I would think the wall is the responsibility of the Association. Where I live the sewer ans water companies have an easement to run their lines on portions of my property but I do not have to maintain them. Can you remove the wall if you want? If you can't remove it then I doubt it is your responsibility to maintain but you can't be sure without reading the docs. I would ask the Association to show me in the docs where it makes the wall my responsibility.

Thank you.

Thank you

Mark,
I have recently had a similar situation in our Texas HOA. When the wall was damaged the Board thought that it was 100% our responsibility. I challenged the board with the simple question. My house is not on an exterior wall. If my fence is damaged the repairs are shared between me and the neighboring owner. Why is the exterior wall 100% the HOAs? I feel like it is joint ownership. This may end up in court because we have miles of fence that are currently the HOAs responsibility. The reserves really do not account for replacement cost of this item in most studies.

Gene,
In Texas every new development makes builder give Plat maps for each HO. It is strictly for each lot.

OK. Here that would be referred to as a "lot survey", but if the developer has to provide it then it makes sense they'd have their own name for it.