Private common driveway and HOA

Started by KristyB • 3 replies • 489 views

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KristyB (Maryland)
Posts: 1

Posted:

There are 3 houses that live past a cul-de-sac off of a private common driveway with the last one being at a dead end while the rest of the neighbors are located on a public road. Are the 3 houses on the private common driveway expected to abide by the same bylaws if the management company and members of the board are not allowed to enter the private common driveway without trespassing and with no trespassing/privacy signs posted?

There is also 1 house (on the public road side) that has an easement on their property for a sidewalk that is meant to service our community for the children to walk to school safely and HOA (our community) pays to have it shoveled and maintained through our monthly payments. The community utilizes the sidewalk as well as the neighborhood behind us (however, not pitching in towards the cost for shoveling and maintenance). The private common driveway folks want to know if their area should also be maintained/shoveled by the HOA since it is declared an easement, allowing for the children down there to walk to school (no sidewalk down there) and they pay the same payments as the rest of the community. They feel as if they are not being treated the same and not part of the community.

Where I lived prior, the sidewalk was considered an easement if on your property but for public use and it was the responsibility of the home owner of the property (not the HOA) to shovel and maintain the sidewalk otherwise the homeowner could face legal issues if someone was injured.

We are a newly developed neighborhood and anytime we ask any questions to the management company they ask that we speak to legal counsel. Trying to see if anyone has experience in this before we go in that direction. TY!

TerriS6 (California)
Posts: 3,284

Posted:

It depends on the language of your Declaration and how title is written to the various properties. We have several homes in our HOA whose access is from a public road, not the private HOA roads and they often object to paying the full assessment to maintain our roads. But our Declaration establishes ownership to HOA roads and that all members must pay the same. So I would review all your governing documents and how title is held on those properties in question.

CathyA3 (Ohio)
Posts: 6,299

Posted:

I'm going to talk in general terms since I don't know what your community's governing documents say. The governing documents are in that thick wad of paper you received when you bought your home. Broadly speaking, community associations behave the same way - but there are differences that depend on the details of the individual community and where it's located.

You should read your governing documents thoroughly. They should address things like easements, who pays for what, homeowner's rights and responsibilities, and the like.

In general, anyone who is a member of an HOA has to obey the provisions of the governing documents. These provisions are contractual terms that are attached to the property, and they "run with the land" (meaning that if a member sells their home, the new owner also has to obey the provisions). When you signed the closing documents on your home, you agreed to the terms of the contract. This is what gives HOAs the right to enforce the terms, although some state laws may place limits on what the HOA can do.

Whether or not the HOA can come onto the private property doesn't change the owner's obligation to obey the rules. It may (or may not) change how the HOA enforces the rules, depending on the state's laws on property rights and community associations and on the specific terms of your governing documents. How an individual owner feels about things doesn't matter - what matters is what the governing documents say, since the owner has agreed to abide by them. And in many states and communities, individual owners also have the right to enforce the terms of the HOA's rules by taking legal action against the offender. For example, in my area a member of an HOA doesn't have to wait for the board to take action against a neighbor who opened a car repair shop on his property (commercial activity is prohibited in many community associations).

As you noted, things may have been done differently in other communities. What will matter in your community is how your governing documents define things like sidewalks and who is responsible for maintaining them (the owner or the HOA).

ND (PA)
Posts: 792

Posted:

Your HOA documents (likely the Covenants, Conditions & Restrictions/CC&Rs) should have the info/answers you are looking for. Generally it doesn't matter how different people feel or what they think should or shouldn't be done. Your docs should provide the answers and should direct decision-making absent thoughts and feelings.

Looks for definitions of the HOA's facilities ... common, controlled, limited common, limited controlled, etc.

The driveway you mention sounds like a limited controlled facility, which in my experience/understanding, is usually intended for their use only and also requires them to maintain, repair, and replace.

The sidewalk you mention sounds like a unique situation and if the HOA is and has been paying for it to be cleared, then there is likely good reason for that. Your docs probably indicate that it is HOA responsibility to maintain.

To answer your questions:
1) Are the 3 houses on the private common driveway expected to abide by the same bylaws ...
Answer: If the 3 houses are part of the plat for your HOA (the Subdivision plan) and their lots are referenced in the plat and docs, then generally my answer is "yes" the same documents, bylaws, rules apply to them the same way they apply to the rest of the neighborhood. But read all portions of your docs for any specific exceptions, exclusions, other requirements.

2) The private common driveway folks want to know if their area should also be maintained/shoveled by the HOA since it is declared an easement ...
Answer: See my response above about what this driveway is likely considered within your docs. But definitely read your own docs and it should tell you the answer. Likely the HOA is not responsible for maintaining/serviceing this driveway. I'm assuming the HOA doesn't pay to service all other driveways in the HOA, right? There's may be longer than the rest, but it's still their responsibility.

Sounds to me like some/all of the driveway people aren't being totally reasonable and they want teh best of both worlds ... they don't want anyone coming down their driveway (no trespassing/privacy signs posted), but they do want someone to clear snow from it "for the children's safety" and to be treated fairly and as part of the neighborhood, but once the snow is cleared they want you to get away again and leave them alone.

Yeah that's not they way it works. Read your docs, but my assumption is ... the HOA has no obligation to clear snow from their driveway. But even more importantly/costly, the HOA has no obligation to repair/replace their driveway in teh future either.

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