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Snow removal for some but not all, funded by all

Started by SarahT2 • 11 replies • 430 views

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SarahT2 (Pennsylvania)
Posts: 7
Posted:
Hi all,
I
’m in an HOA and all homeowners are responsible for snow removal on public sidewalks that abut their homeowner residential lots as stated in our CCR. The Association does not assess for snow removal on public sidewalks that abut homeowner lots, and has a fine schedule for failure to remove snow. The township ordinance states “It shall be the duty of all persons owning, controlling, or occupying any property abutting, adjoining or fronting any sidewalk to remove snow, sleet, hail or ice therefrom within (24) hours after the same has ceased to fall or accumulate thereon”.

My Association has staked out portions of public sidewalks that abut homeowner lots. Meaning some homeowners will have all or portions of their sidewalks cleared by the Association while other homeowners will not. All homeowners will subsidize the expense through a common assessment (see below)

Are the below questions to the board valid? Thanks in advance and I appreciate your input.

Questions:
• (1) Will the Association be removing snow from some, but not all, public sidewalks and hydrants that abut residential lots? If so, see questions (2) – (5) below.
• (2) Will all homeowners receive the service or just homeowners where stakes were placed by the Association contractor?
• (3) If the Association is providing snow removal services to some homeowners but not all, what is the source of funds? Will it be out of Common Assessments as was the case last snow season?
• (4) If the Association funds out of common funds, doesn’t this constitute inurement to a private party and risk our non-profit status?
• (5) Will handicapped individuals have a valid discrimination claim against the Association?
KerryL1 (California)
Posts: 14,550
Posted:
Does your HOA enforce the city ordinances? Is it your impression the HOA only will remove snow where fire hydrants are? If, not what are the criteria for getting "staked"?'
SarahT2 (Pennsylvania)
Posts: 7
Posted:
The township enforces the township ordinances as does the HOA. The HOA is removing snow on some of the larger lots, primarily on corner lots.

KerryL1 (California)
Posts: 14,550
Posted:
Doe the HOA give a reason for only these lots?
SarahT2 (Pennsylvania)
Posts: 7
Posted:
When in the course of events individuals can not meet their obligation there are provisions for the HOA to take action(s) that are for the benefit of all., and focus on critical areas.

The board did not clarify how they determined who could not meet their obligation nor how they determined how they differentiated between critical v. non critical. In my opinion, I don't see how my sidewalk is any less critical than my neighbors all things equal.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Sarah,

Great questions. Have you asked your Board (as they will be the only ones who can answer most of them)?
If you have asked, how did they respond?
SheliaH (Indiana)
Posts: 6,964
Posted:
I agree with Tim and Kerry - you need to put these questions to the board and go from there.

In my community, the association does snow removal, but it happens when (1) after the snow stops falling and (2) three or more inches have fallen. If your documents state homeowners are responsible for snow removal, it may be you need more enforcement and perhaps increase the fines a little (some people are more motivated by a smackdown to the wallet as opposed to ensuring safety risks for themselves and others).

Are there homeowners who have been fined more than others in this regard? If so, now would be a good time to remind them and everyone else of the rules, noting the city also has rules (you might offer citations so they can read it for themselves). You can also establish or tweak your policy regarding snow removal so people will know exactly when the ax will fall. Some homeowners may be having trouble because they're elderly or disabled - could the association ask for volunteers to go to those homes to take care of the snow (a great community service project for teenagers, by the way)?
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
SarahT2 (Pennsylvania)
Posts: 7
Posted:
Tim,

Long story short, they claim they have the power to do this (business judgement rule) and are refusing to discuss with me. I don't think this holds up since the property is public and this action is not necessary given the township has confirmed they will enforce their ordinance.

Our CC&R states that homeowners are responsible for snow removal on public sidewalks abutting any portion of their lot, at their sole expense. I am disabled and the board has denied my request for a reasonable accommodation to have access to the same service.

Additionally, in PA our HOA is required to obtain unanimous homeowner consent to increase liability of HOA. The HOA has increased their liability due to reliance by homeowners receiving this service.

Lots of arms and legs on this one.

Thanks for your input.

Sarah

I don't understand how this expen

We had a monster snow storm 2 years ago
As I understand it, the once in a decade monster snow storm a few years ago prompted this. You and I both know that occurred when we were leaving the land of the wild west and homeowners were unprepared. Noone was. As I understand the board's thinking (not totally sure) they felt they needed to be proactive and there were homeowners who could net meet their obligations and there were critical areas in the neighborhood that needed to be addressed. My beef is that all sidewalks are equally important and we're all capable of meeting obligations outside a rare snow event, and if not the board can always revert to violations as a last resort. If they clear snow for some they should clear for all. Not pick and choose and make us pay for the Association clearing snow for some homeowners...
SarahT2 (Pennsylvania)
Posts: 7
Posted:
Tim, apologies for last paragraph. I copied in error.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By SarahT2 on 12/01/2022 5:52 AM
... snip ...

Additionally, in PA our HOA is required to obtain unanimous homeowner consent to increase liability of HOA. The HOA has increased their liability due to reliance by homeowners receiving this service.
... snip ...

The HOA may also have increased liability by taking ownership of something that is not the HOA's responsibility - ie, public sidewalks that are homeowner responsibility by city ordinance.

But these are legal and insurance issues, both of which can be complicated and not obvious.

I get where the board is going with this, since other residents are affected by uncleared sidewalks. And the board may worry that the HOA will also will be fined by the city if sidewalks inside the HOA aren't cleared (also not obvious). If the latter is true, then that can justify paying for this service out of assessments rather than billing individual owners (again, not obvious).

I do disagree, a bit, with their take on the business judgement defense. My understanding is that it covers legitimate differences of opinion, not acts that violate the community's CC&Rs. It sounds like the board has crossed over into the latter.

I'm not sure where you go from here if the board stonewalls you. Generally the next step would be records requests that may answer your questions - ie. board meeting minutes, signed contracts, detailed financials from relevant time periods. But if that doesn't do the trick, or if the board refuses to provide the records, then your next steps would be legal ones - ie. talking to a lawyer. At that point you'll have to decide if the benefits of going this route will justify the costs.

Cathy's Usual Answer: Generally homeowners have three options when dealing with HOA problems: fix it, live with it, or move. Fixing it will involve either getting the current board to correct their behavior, or working with your neighbors to replace the board with folks who know what they're doing, or paying your own lawyer to go the legal route. All of these involve work, the last of them can involve significant cost. The next option is living with the problem, and only you will know if that's acceptable to you. Moving is a last resort if the previous two options are off the table for some reason, but it can also be the quickest and most effective solution. Different owners will have different ideas on which option works best for them.
KerryL1 (California)
Posts: 14,550
Posted:
The BJR argument is nonsense. What aspect of it does th board claim applies to the snow removal issue?
TimB4 (Tennessee)
Posts: 21,059
Posted:
If the board won't discuss the issue with you, you may need to gather other like minded members and approach the board as a group.

I would also request to review the minutes of board meetings 6 to 12 months prior to the actual removal.
This may or may not shed some light on the subject.

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