sidewalks required

Started by KevinB11 • 8 replies • 235 views

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KevinB11 (Florida)
Posts: 3

Posted:

The governing documents in my community require sidewalks. There are two homeowners refusing to install the sidewalk in front of their house. They both are Board Directors. A previous Board member tried to enforce the covenants but was removed from office for it. A recall isn't possible as they have been successful at getting a majority of the association to side with them as they host parties, etc. and have an alliance. The road is narrow and not safe for school children to get to the bus stop outside our gates. One homeowner (Board member) has elaborate landscaping in their front yard preventing someone from walking on their lawn where the sidewalk should go. This landscaping by the road is also against the covenants and blocks the view of oncoming traffic as their property is on a corner lot. Short of filing a lawsuit, is there any action that can be taken to force them to abide the covenants?

SheliaH (Indiana)
Posts: 6,964

Posted:

The board could send them violation notices and issue fines - assuming you have a policy for that, but they might refuse to pay them. So, you're back to taking legal action - unfortunately, this seems to be the only way some people will comply with community rules.

Individual homeowners can also sue to enforce the CCRs against each other, so I these folks seem to have the backing of most of your neighbors , you may have to do this yourself. Thus may cause a considerable amount of static against you, so while you're considering how far you want to go, attend the next board meeting and express your concerns about the safety issues. Encourage your neighbors to attend to hear the response - let's see if the safety of their kids isn't as important as the homeowner kering an elaborate lawn.

Also read your documents again to see who would be responsible for upkeep of the sidewalks. If it's tge homeowner, that probably explains why they didn't install one something you could use against them. However, if the association would be responsible, be prepared to hear objections about expense and why the association can't afford it because they'd have to care for everyone's sidewalks, assessments would increase, blah, blah blah.

That may be enough to get them to propose a compromise, but if it doesn't and you're willing to throw down in court, be sure to ask that your court costs and attorney fees are rewarded if you win. Talk to a private attorney about your options.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

KevinB11 (Florida)
Posts: 3

Posted:

The majority of them don't live in phase II and don't have to walk past these houses so a sidewalk doesn't affect them. Several of us who are affected have voiced their opinions, but to no avail. The property owner is required to install and pay for the sidewalk including maintenance. The Board Directors who are required to put in a sidewalk and refuse to do so, say they don't want people walking in front of their house across their front yard. I was required to put in a sidewalk at my expense. Its been mentioned to them that the liability to the HOA would be horrendous if a pedestrian gets hit....but they don't care. Its shameful that their interests override the safety of children. I was just hoping there was a law or authority to enforce pedestrian safety here in Florida.

SheliaH (Indiana)
Posts: 6,964

Posted:

If they were put in by the city or county, you might get some help there, but this is a HOA where the community rules are dictated by the documents. As to why these board members are getting away with this, that answer lies in your first sentence - most of the residents don't live in the area so it doesn't affect them - you won't find any help there.

If there are several neighbors besides you who are affected by this, why not get together, pass t5ge hat for an attorney and then all of you can go after this homeowner? It's one thing to blow you off, but this can get expensive very quickly if several people are involved. He wouldn't be able to hide behind the HOA and a judge might not be too happy at seeing what appears to be a HOA board member taking advantage of his position.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

LetA (Nevada)
Posts: 2,679

Posted:

You can always talk with an attorney about the matter. Sometimes board member's hands need to be forced.
As to the potential liability of a child or adult being hit by a car because they have to walk in the street
because there is no sidewalk, both the individual homeowner and the board will face shared liability.
You should point out that in the event someone is hit by a car and file a lawsuit against the HOA, the
HOA D&O premiums will increase and that will subsequently raise assessments.

DeanJ
Posts: 1,786

Posted:

I agree with Laura., except I would try to get 3 or more homeowners involved with the same attorney. Then send a letter via the attorney advising he is representing a group of homeowners who may bring a class action law suit against the HOA and the Board to obtain complaisance with the declaration.

If the current board has two licks of sense, they will forward the latter to the HOA sttormey who might explain to the board they are in violation of the declaration.

KerryL1 (California)
Posts: 14,550

Posted:

With Dean and Shelia, get a group together to consult with an HOA attorney about your wanting to enforce the covenants, which require sidewalks.

Since FL HOA boards are required to have open board meetings, your group should speak up first at an open meeting and warn the Board that you're preparing to take legal action to get the word members to where to the governing docs.

One concern I have is that if the sidewalks have been absent for more that 5 years, you may not be able to enforce. As an obvious violation that is noticeable, it's possible the statutes of ,limitations could have "run," or that the doctrine of "laches" is in effect. You'll need to look this up for FL.

KevinB11 (Florida)
Posts: 3

Posted:

Thank you everyone...great advice.

JeffT2 (Iowa)
Posts: 880

Posted:

Get in touch with your local government about compliance with local laws and ordinances.

There may be a local law requiring sidewalks and setbacks for shrubs and trees.

The zoning and planning department (or similar name in your area) should have the original plan for the community. Does the original plan require sidewalks? If so, then they may be able to require/enforce the plan on the owners.

Ask if there are safety laws about blocking the view on the street.

I would be interested in whether the lot goes all the way to the street, or if the street area is actually wider with a buffer area that is part of the right of way. Is the owner is planting and landscaping on their lot or in the right or way?

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