Sidewalk maintainance

Started by JohnA23 • 11 replies • 279 views

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JohnA23 (Florida)
Posts: 4

Posted:

Our association documents require approximately half (A lot) of the owners to have a five foot wide sidewalk installed from property line to property line. The documents also state the sidewalks must be kept clean of stains and mildew. There is no provision for repair. We have a lot owner whose sidewalk is rising and causing a trip hazard. The owner requests the association make the repair. The board's position is the lot owner is responsible for the repair as it is on his property and any injury liability that may happen.
Questions...Who has ownership of the sidewalk? Who is responsible for repair? Who would have personal injury liability?
JohnA23

ThadC2 (Florida)
Posts: 820

Posted:

many times a city is responsible, really depends on local government policy, have you tried calling your local govt?

ArtB1 (Florida)
Posts: 97

Posted:

Our roads are private and so are the sidewalks

If private roads, then home owners responsibility and not the city

JohnA23 (Florida)
Posts: 4

Posted:

Thanks for the input. We are a sub association of a master association that is responsible for the street and gutters but sidewalks are listed under our rules and regulations. I will contact the city on Monday.

KerryL1 (California)
Posts: 14,550

Posted:

Sidewalks are on property deeded to owners? So I wonder how the city could possibly be responsible.

Which document states owners must install them? Can you give us the wording?

ThadC2 (Florida)
Posts: 820

Posted:

Quote:

Posted By KerryL1 on 06/04/2022 9:06 AM
Sidewalks are on property deeded to owners? So I wonder how the city could possibly be responsible.

Which document states owners must install them? Can you give us the wording?

city easement same way people get city water, city lights, city electricity, all located on someones property.

ThadC2 (Florida)
Posts: 820

Posted:

have the hoa hire a cement repair company, some companies use expanding foam to raise up the cement, others use a grinder to grind down the edges sticking up. pay for it and bill owners if bylaws allow it.

JohnA23 (Florida)
Posts: 4

Posted:

Under our Rules and Regulations / Architectural Planning Criteria, Driveways and Walkways section..."All homes on lots designated "A" lots require a builder or contractor installed five (5) foot wide walk across the property from property line to property line in line with the property on each side." Further statement "Driveways and walkways must be kept clean of stains and mildew".

I agree our city may not be involved except we had the city relocate clean-outs that were in the sidewalks and repair the sidewalk.

The issue of having the HOA make the repair is does the HOA then assume all responsibility for cleaning, maintenance, liability, etc. for all sidewalks?

SteveH35 (Washington)
Posts: 339

Posted:

Quote:

Posted By JohnA23 on 06/04/2022 9:50 AM
Under our Rules and Regulations / Architectural Planning Criteria, Driveways and Walkways section..."All homes on lots designated "A" lots require a builder or contractor installed five (5) foot wide walk across the property from property line to property line in line with the property on each side." Further statement "Driveways and walkways must be kept clean of stains and mildew".

I agree our city may not be involved except we had the city relocate clean-outs that were in the sidewalks and repair the sidewalk.

The issue of having the HOA make the repair is does the HOA then assume all responsibility for cleaning, maintenance, liability, etc. for all sidewalks?

John,

This fails to answer your question, but you should have this spelled out in your declaration / CC&Rs. Amend or restate your governing documents to add a responsibility matrix. Everyone will greatly appreciate a simple way to understand what's what.

Regards,
Steve

JohnC46 (South Carolina)
Posts: 14,265

Posted:

My initial blush is property owners are responsible for maintenance of their side walk.

KerryL1 (California)
Posts: 14,550

Posted:

Our city block high rise has concrete sidewalks on two side that the City required the developer to install 22 years ago along with many tree wells, trees. The sidewalk had to have two colors--charcoal and gray --in a stupid striped pattern. Our assn. is responsible for daily maintenance of the sidewalks, "painting them every few years, and tree watering and fertilization.

The City is responsible for smoothing any bumps of over maybe an inch--trip hazards-- and painting the curbs. They do the former, but never the latter.

We & Property owners all around us voted to pay an agency extra for a monthly power wash of all sidewalks & tree pruning. Graffiti removal if needed. They also empty the trash containers on our corners daily.

So...JohnA, even if the sidewalks somehow belong to the City, there may have been agreements with the developer about who maintains/repairs what.

It feels to me like JohnC is right.

JohnA23 (Florida)
Posts: 4

Posted:

Thanks again everyone for the input. I'll discuss at our next board meeting. From my notes above and reviewing past documents back to 1986, it seems the developer designated "A" lot owners to have the sidewalks along one side of the 92 home development. I agree the "A" lot homeowners have responsibility for the sidewalks and the documents need to be amended to clearly state this and provide specific language for repair and maintenance. You all have been very helpful in guiding me what to look for in our documents. Thanks again.

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