property boarders greenbelt

Started by AmyA1 • 6 replies • 1663 views

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AmyA1 (Washington)
Posts: 101

Posted:

I have done a search, but can't seem to find what I'm looking for. My property boards a common property greenbelt with a sloped hillside. The hillside is eroding and my fence is about to fall. Is it the responsibly of the HOA to put up a retaining wall?

I am on the board and wondering if I should bring this up at a meeting or just talk to our land use chairman.

SusanW1 (Michigan)
Posts: 5,202

Posted:

I am wondering how it is that you are on the Board, yet don't know about the common areas or who is responsible for what in the HOA!

Time to get out the CCR's, bylaws, rules and regulations, plat book, and do some studying.

AmyA1 (Washington)
Posts: 101

Posted:

I know what our very out dated CCR's and by-laws state. Which isn't much, just that the Association is to maintain common property. We have no Rules & Regulations ... I'm in the middle of putting them together. I've checked the plot plan .. which is how I found out that it's not my property. (which I had thought it was)

What I was wondering is... installing a retaining wall is more than simple maintance. I was expecting to pay about 3,000.00 with me doing the work. This is a small 10 ft. greenbelt, that the association keeps "natural". It also backs up on to City easment land. Nice for me .. since it's hard to find wooded areas near Seattle. But I don't want to loose my back yard or pay for improvements on land that is not mine.

Our HOA is 500 manufactured homes with 3 board members doing all the work and everybody else critizing what we do. I just wanted to have a bit more insite before I asked the board to spend that much money, and having the other members feel "I'm getting something". Everybody has heard me talk about this project since I thought it was my land.

SusanW1 (Michigan)
Posts: 5,202

Posted:

The responsiblity of the HOA is to prevent a landslide on any of its property - with or without a retaining wall, terrace, re-grading, re-routing water, or whatever.

The fence issue is a whole 'nuther thing.

First things, first. The HOA must be sure that its property configuration does not damage or alter any other properties.

AmyA1 (Washington)
Posts: 101

Posted:

The hill is not enough to cause a landslide. But the eroding has exposed the concrete footings of my fence. I've lived in the house 2 yrs. and it has gotten worse. I've even built a raise flower bed on my side of the fence to keep the dogs from jumping ... they are dachshunds and I think they could knock it down. LOL

I know replacing the fence is my responsiblity, but how long would it last since the hill behind it keeps eroding?

This is a small 20 ft wide greenbelt that runs behind about 4 houses, then opens up into a larger heavly wooded green belt area. Behind our greenbelt is woods. It is not an area the HOA has ever or will ever really maintained. Not that I would, but I have no doubt that if I landscaped and even fenced it in .. nobody would notice.

BrianB (California)
Posts: 2,820

Posted:

the HOA should make sure that their lack of neglect does not cause property damage to any real property (theirs or someone else's).

Bring it up with some suggestions for solutions: brick retaining wals, soil additions, plantings, etc.. Bring them a package deal (Here's your problem, here's a great solution, here's the costs of doing and not doing anything) and you stand a good chance of getting a resolution.

AmyA1 (Washington)
Posts: 101

Posted:

That's a great idea, thanks Brian. I don't really care what they do or what it looks like. Nobody but the coon's will see it. LOL I just need something done to save my yard.

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