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SusanO3 (California)
Posts: 163
Posted:
Hi:
Our CCRs mentions driveways but our Reserves only allocate $11,000 every 5 years for repairs described as "walkway, driveway and curb repair allowance". Our 95 house development was built 1988 but I cannot find anyone that has a property map showing common areas and HO responsibilities. Looking at the small amount in reserves I surmise that the HO are responsible for the concrete pad in front of their garage door. Would you agree?

I will continue to push management company and attorney to find a map but in the absence of it the board will just say its HO expense to replace driveways according to HOA specification (like window replacement). Does that sound right to you?

Additional complication is that HO with current concrete driveway problem says it's the HOA tree root that is causing the problem. Is it reasonable to say when he has the concrete up to repair it we will get our tree guy to deal with the offending roots and pay for that.

Just wish our rewritten 2017 CCRs were more specific about the definition of a driveway!

Regards, Sue
WendyM5 (North Carolina)
Posts: 1,522
Posted:
your cities register of deeds should have a copy of your townhome map plot. I've never lived in a townhome/condo so not sure what is typical. if you only allocate $11k every 5 years then yoru HOA would need to have a special assessment to fix everyone's driveway anyways. $11K might only cover redoing one driveway. anyways becareful what you wishfor. HOA's have a bad habit of getting vedors that are more expensive than if the homeowner just went out and hired thier own vendor. it's gonna come out of your pocket one way or anohter unless you plan to move soon.

vis ta vie
SusanO3 (California)
Posts: 163
Posted:
Thanks for your reply. I do have the city map from when the development was authorized back in 1985 however it is from the City point of view and just shows the whole development and tells the story of the change of use of the land. That why I think that the record of homeowner areas v association areas of responsibility must be with attorneys/property management. Since 1988 we have had three property management companies, and I'm not sure how many attorneys, so you can see how records get lost over time. Also property management and attorneys are not highly motivated to go back through decades of paper records. This is common for HOA life I know.

I think we may need an explanatory note in our CCRs to define "Driveway", and a homeowner meeting to explain same. Has anyone tried to do that, without amending the whole CCR which was only rewritten in 2017.

I'm in CA BTW, and Chair of the Board. Thanks, Sue

LizD3 (California)
Posts: 200
Posted:
It should be filed with the City Clerk. And this should help you find your clerk: https://www.platmaps.org/california/
KerryL1 (California)
Posts: 14,550
Posted:
Try Liz's approach. Your HOA's basic plan was approved by your city but Calif. Department of Real Estate no doubt had its own requirements and had to review the plat map and other details to "approve" your project. So I'd check with the Calif. DRE.

For the reserves analyst to have driveway repair (tho' not replacement) as an entry in your reserve study should mean s/he got that info off of your CC&Rs. They just don't make that stuff up, but MIHGT make assumptions on what's typical. Contact the analyst and ask how they established driveway (etc.) as a repair item.

I'm in a condo HOA so can't help much. Btw, state law does not require HOAs to search for any records that are older than the last two years plus the months in this year. I think you know that your HOA attorney will not do heavy digging without charging your association?

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