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RonS22 (Florida)
Posts: 4
Posted:
The builder when he was the HOA required the sidewalks that he owned to be cleaned by the homeowner. Now years later we have an HOA and CDD. The CDD owns the sidewalks. The bylaws were never changed. Can the HOA still require sidewalks to be cleaned by the HOA?
SheliaH (Indiana)
Posts: 6,964
Posted:
What is the CDD - is that another version of the homeowner's association? Do your documents say anything about what it's supposed to do (besides owning the sidewalks)? Does it have a board and if so, have you asked the board members about this?


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
RonS22 (Florida)
Posts: 4
Posted:
The Community Development District is separate from the HOA. The CDD is responsible for the public roads and common areas. It is a quasi-government organization operating under a separate Florida law than the HOA. The CDD owns the sidewalks. More later.
SheliaH (Indiana)
Posts: 6,964
Posted:
Does the CDD wash the sidewalks in other communities? If not, it would appear the HOA can require homeowners to keep them clean (who wants dirty sidewalks?) If you don't have a power washer or a strong hose attachment, use a broom (some people prefer this because it doesn't waste as much water)

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
CathyA3 (Ohio)
Posts: 6,299
Posted:
It is possible that homeowners could be required to clean (but not maintain/repair) their sidewalks - it all depends what your governing docs say. In some areas up here in the Great Frozen North, for instance, homeowners are required to shovel snow from sidewalks that they don't own.

It is also possible to for homeowners to change their governing docs, but there are legal hoops you have to jump through to do so. And keep in mind that there may be a hierarchy of rules and laws that would override any HOA laws. If there are multiple HOAs within a single CCD, I could see that happening. Hopefully one of our Florida posters will know more about CCDs.
RonS22 (Florida)
Posts: 4
Posted:
Thanks for the responses. In some communities the CDD does clean the sidewalks and in some they do not. There appear to be some legal issues with Florida statutes saying the owner cleans unless the owner gives permission to have others do it. The CDD has not given permission. The builder required the homeowners to power wash and put that into the CCRs (Covenants, Conditions and Regulations). Issue being worked but hope to get some Florida HOA input.
RonS22 (Florida)
Posts: 4
Posted:
another issue is that the sidewalks that are clearly CDD responsibility are dirty and not maintained as well as the sidewalks that are supposedly to be power washed by the homeowner. As we work our way through this comments from others with similar issues in Florida are welcomed.

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