Sidewalk repair

JohnA26 (New Jersey)
Posts: 43

Posted:

Our Community has sidewalks only on one side of the road. The home owner is responsible for the repair of the sidewalk along their property line.
The HOA will be conducting an inspection to determine areas that may be unsafe and will need to be repaired.
The intent in addition to make things safe,is to try to reduce the cost to the home owner by consolidating all of the repairs into one bid package.
My questions
1- A typical home owners insurance policy includes includes provisions for liability even in the event of negligence.. Can the HOA invoke a penalty if a home owner refuses to make the repair.
2- Should the HOA establish guidelines/specifications as to what will be considered unsafe conditions.
Especially given the fact the differences in elevations from the lawn to the sidewalk.
3- Is the HOA greating risk/libility to the HOA and the homeowner

TimB4 (Tennessee)
Posts: 21,062

Posted:

Hi John,

Keep in mind that no one on this site is known to be an attorney or insurance person. Advice is offered based on what you post, any research we may do and our own experiences. If you are very concerned of potential legal issues - it's best to consult with a local attorney.

The HOA governing documents typically specify that the homeowner will keep the property in good order and repair. If the property is not considered in good repair, then the HOA might be able to impose monetary penalties. Your governing documents would have more specifics about monetary penalties.

It is always best for any Association to clearly define what is considered good or bad for inspection purposes and make those definitions available to the membership.
The concern with sidewalks would typically be trip hazards. The ADA has a whole page referencing sidewalks: ADA Compliance Guidelines for Sidewalks. Per those guidelines any vertical change of 1/4 inch or more is considered a trip hazard and not in compliance. Slope level has to be 1/20 (or no more than one inch for every 20 inches - see link). Therefore, regarding sidewalks specifically, the definitions of what is in or out of compliance is already clearly defined.

My understanding on risk is, once someone is made aware of an issue and they take zero steps to address it - they are at an increased risk for liability. There are lots of cases that mention this fact. Therefore, once the inspection is done, the Association is at a greater risk if they choose not to correct. Once the member is made aware of the inspection findings, then they would be at equal risk for their section of sidewalk.

This is likely not what you wanted to find out.

I hope it helps.

Tim

MichaelS56 (Minnesota)
Posts: 859

Posted:

The only sidewalks that our association has, are the ones that go from the driveway to the front door. The association is responsible for sidewalk repairs and or replacement.

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By JohnA26 on 02/22/2024 4:12 AM
Our Community has sidewalks only on one side of the road. The home owner is responsible for the repair of the sidewalk along their property line.
The HOA will be conducting an inspection to determine areas that may be unsafe and will need to be repaired.
The intent in addition to make things safe,is to try to reduce the cost to the home owner by consolidating all of the repairs into one bid package.
My questions
1- A typical home owners insurance policy includes includes provisions for liability even in the event of negligence.. Can the HOA invoke a penalty if a home owner refuses to make the repair.
2- Should the HOA establish guidelines/specifications as to what will be considered unsafe conditions.
Especially given the fact the differences in elevations from the lawn to the sidewalk.
3- Is the HOA greating risk/libility to the HOA and the homeowner

What is an unsafe side walk? If the surface has degraded to total gravel, but is level, does that make it unsafe?

You might want to address this as a maintenance issue, adopt a maintenance standard that provides the specific conditions requiring maintenance.

LoriM15 (Florida)
Posts: 1,009

Posted:

Quote:

Posted By JohnA26 on 02/22/2024 4:12 AM
Our Community has sidewalks only on one side of the road. The home owner is responsible for the repair of the sidewalk along their property line.
The HOA will be conducting an inspection to determine areas that may be unsafe and will need to be repaired.
The intent in addition to make things safe,is to try to reduce the cost to the home owner by consolidating all of the repairs into one bid package.
My questions
1- A typical home owners insurance policy includes includes provisions for liability even in the event of negligence.. Can the HOA invoke a penalty if a home owner refuses to make the repair.
2- Should the HOA establish guidelines/specifications as to what will be considered unsafe conditions.
Especially given the fact the differences in elevations from the lawn to the sidewalk.
3- Is the HOA greating risk/libility to the HOA and the homeowner

Since your documents say that the owner is responsible for the upkeep and repair of the sidewalks, the association absolutely has the right to go through the violations process and fining for owners who refuse to have the work done. In some ways you are negligent if you don't get them to make the repairs.

Be aware that by developing the list of issues and alerting homeowners, there could be more liability on both the owner and the HOA if someone trips and falls. It's because you have given the owner notice of an issue. If someone trips and sues, they could subpeona that list and it proves the owner knew in advance of the trip hazard. It's in everyone's best interest to get the sidewalks repaired ASAP.

As for the question of "what is a trip hazard", you might want to ask an engineer who specializes in roads and pavement.

LetA (Nevada)
Posts: 2,679

Posted:

Quote:

Posted By JohnA26 on 02/22/2024 4:12 AM
Our Community has sidewalks only on one side of the road. The home owner is responsible for the repair of the sidewalk along their property line.
The HOA will be conducting an inspection to determine areas that may be unsafe and will need to be repaired.
The intent in addition to make things safe,is to try to reduce the cost to the home owner by consolidating all of the repairs into one bid package.
My questions
1- A typical home owners insurance policy includes includes provisions for liability even in the event of negligence.. Can the HOA invoke a penalty if a home owner refuses to make the repair.
2- Should the HOA establish guidelines/specifications as to what will be considered unsafe conditions.
Especially given the fact the differences in elevations from the lawn to the sidewalk.
3- Is the HOA greating risk/libility to the HOA and the homeowner

Are you sure your governing documents state the homeowner is responsible for the repair or replacment? Typicaly sidewalks are a common
element and the responsible party is the HOA not the owner. If the sidewalk you mentioned is the one from the street to the the front door to
your home, then yes the HOA can take the necessary action to call you to a hearing, levy a fine etc.

KerryL1 (California)
Posts: 14,550

Posted:

I feel like I need to see the exact wording about the sidewalks, John
A, and the name of the document that such wording is in.

IF owners are responsible and refuse to pay the portion, you'd follow due process (hearing, fine, etc. as Lori details) and assess their account to reimburse the HOA. In my CC&Rs, & perhaps in Calif., this is called an Enforcement Assessment.

I, too, have heard 1/4 inch is defined as a trip hazard by my City.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

JohnA

I agree that typically sidewalks (running along the street) are a common element and the responsible party is the HOA not the owner.