Should HOA pay to clear snow from sidewalks

I live in a townhouse community and this is a service our association covers. The vendor will remove snow (not ice) from our sidewalks that run parallel to the street and up to our door, but we require 3+ inches of snow, and the work doesn't start until after the snowfall ends. They also plow streets owned by the association and our parking lots - since we have a city-owned street going through the neighborhood, getting to the main road may still be a ittle dicey, but some service is better than none. If you want a vendor who removes ice, that will add to the price. We used to keep a few bags of icemelt around the parking lots and near the clubhouse where people could apply to the street corners, but people took off with the bags, so that ended that.

In my area, the city won't plow side streets unless there's 4 inches or more, so if you have to drive on one to get to or from your neighborhood, homeowners will have to keep that in mind. Then there's snow emergencies - in this state, really bad snow means everyone except police, plow trucks and first responders must stay off the road, so if you live in one county and your vendor is headquartered in one with a snow emergency or vice versa, that could delay service. If you have street parking, you'll need to remind people to remove their cars from the street when the trucks arrive, otherwise the cars will be buried in snow and homeowners will have to dig them out. Your vendor might also include language in the contract stating it's not responsible for damage if a car is parked on the street, so homeowners will have to be made aware of that and govern themselves accordingly

If you have homeowners who ignore HOA rules regarding snow removal, you should be sending violation notices and addressing them in the usual fashion (fines, appeal process, etc.) The city usually addresses violations after someone files a complaint, so homeowners can do that themselves. People should also know the Post Office will delay or suspend service if there's a heavy snowfall making delivery too dangerous for the carriers, so if homeowners are too lazy to clean up, they only have themselves to blame. You can check the Post Office website to see if mail delivery in your area will be delayed due to weather.

(I didn't know that until your conversation, so thanks for prompting me to do a bit of research!)

You can start with doing a homeowner poll to see if they'd be interested in the service and are willing to pay for it. Talk to board members in other HOA communities who have snow removal - they can give you referrals and tips on what to include and avoid in the contract. Prepare a request for proposal (RFP) and send them out in the spring, doing your due dillegence on prospects (e.g. check consumer protection websites to see if they've had complaints and how they were handled. After you review them, talk to finalists and make your decision, the service can begin with the 2025-26 season.

Hope this helps! Years ago, I had a business trip to Grand Rapids and drove through what became a heavy snowfall, followed by zero degree weather. I WILL NOT do that again unless I really need to!

Our Board has a contract with our grounds vendor to remove snow from our streets, driveways and sidewalks if more than 1 1/2 inches has fallen. The unit owner is responsible for the ice issues.

Who owns the sidewalks: the property owners or the HOA?

If the HOA owns them, then the HOA has the duty to clear them. If not, then the HOA should probably not clear them (I agree with ElleN about increased liability for being sued). Instead, people can report non-compliant owners to the city and let city officials take it from there.

If you're really concerned about this, the board can contact the association attorney and get that person's opinion.

Likely the HOA has a rule that says owners can’t leave our beer cans in the front yard. If a few owners don’t comply, are you going to hire a vendor to pick litter up every week?

Here are my observations as a board member on snow removal.

1. If ice removal is a requirement, it requires chemical treatment. Many owners do want it due to surface damage concerns.
2. Most vendors service their commercial accounts first and HOAs second. If there is a significant storm, the vendors can become overworked. Owners still expect the vendor service pronto. Some owners get impatient and do it themselves or start calling board members complaining it’s not getting done as quickly as they desire.
3. If there are high winds, snow removal is a fools errand.
4. You should expect some sod damage and associated owner complaints.
5. If your owners are responsible for the driveways, where are they pushing, blowing and piling snow? They have to put it somewhere. Owners piling snow on sidewalks increases the cost to the HOA.
6. Some of your owners will object to the additional cost. Less than 1/3 your owners are dog walks or avid walkers and they are usually the group pushing sidewalk snow removal.
7. The best service cost more money. There are 2 possibilities for snow contracts - pay per call or prepay for a number of calls per season. The HOA will get better service on a prepaid plan, but if you only need 6 calls, you may find the HOA paying for 10 with 4 unused. Normally service is within 24 hours of storm end. If you opt for pay per call, you may be waiting 48 hours for service.
8. It’s doubtful the city is enforcing its ordinance on single family homes as you have experienced.

I live in an a HOA of single family homes about 2x the size of your HOA. We do driveways and no sidewalks. It is about the singular complaint item the board gets because we can’t make everyone happy. If I were on your board, I would support rescinding the current rule or enforcing it vs engaging in HOA snow removal. If you really don’t want to enforce, start making calls to the city and see if they will enforce their ordinance.

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No person or nor entity "accepts liability."

I can guess what you mean but then I would be depriving you of a much-needed lesson in the language of torts.

Yeah? If the HOA formally agreed to do the shoveling, then I know any lawsuit that might emerge from a slip-and-fall would include a claim (cross- or otherwise) against the (deep-pocketed) HOA.

Imagine that: Plaintiff's attorneys going after the deep pockets. Why ever would plaintiff's attorneys do this? /s

Hungry wild dogs see bait. Then they shred bait. Huh.

We still haven't gotten an answer to my question "who owns the sidewalks?"

If the sidewalks are owned by the homeowners and the snow removal is a city requirement, then the HOA is not the one to enforce that. If the CC&Rs or HOA rules state that owners must clean the sidewalks or the HOA has to ensure community safety, then this changes.

But the dividing line is not clear, even if we do resolve the ownership question. This is one area in which condo communities are actually easier - the association owns the grounds and must care for them.

You said if the HOA takes responsibility. Are you saying enacting a rule and a fine schedule requiring snow removal by the owner is taking responsibility to assure my safety on the sidewalks?

Nope. See the last sentence in my first post to this thread.

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Read CarlS8's first post to this thread. The HOA already has a rule/covenant requiring owners to keep their sidewalks free of snow and ice.

And yes, I am saying that a failure to enforce this rule/covenant does increase the risk of being found liable (in part or in full) for harm done in any slip-and-fall accident yada.

From what I've seen, every HOA is different when it comes to snow removal. If the majority of owners want this service and feel the cost is worth the service, then the association should hire a contractor. Just know that when it comes to heavy snowfalls, the company may take some time before sidewalks are cleared. https://www.condocontrol.com/template/hoa-snow-removal/

This sounds like a good solution if several owners simple aren't clearing the sidewalks in front of their homes.

I think this post is exceptional in every way.