maintenance of sidewalks

We are a townhouse community of 108 homes in Pa. I have looked over our declarations numerous times and can find nothing regarding who is responsible for the maintenance of the sidewalks. We have numerous areas where the sidewalks surrounding the community are in need of repair. Some people believe that the homeowner is responsible for the sidewalks that boarder their property, while others believe the Association is responsible. Can anyone tell me where I might find the answer to this question? Thank you.

MelissaG2,

Typically, sidewalks are considered a "common element", and owned by the homeowner's association. Sidewalks in residential neighborhoods outside of your association are common as well. The maintenance and replacement of sidewalks is typically the responsibility of the association. The cost of replacement and replacement of sidewalks is budgeted over time, and comes out of the reserve fund for replacement, and a maintenance account for repair. Therefore, the cost of replacement or repair is divided by all 108 owners.

The HOA governing documents and or Master Deed should explain what the "common elements", and "limited common elements" consist of. If there is no explanation, common sense to me is that the homeowner is not individually responsible for the sidewalks that border their individual property. One of the benefits of living in an HOA is that costs of common and limited element repair and replacement are divisible by all owners.

Best of luck!!
GeraldT1
NNJ

Melissa, often the HOA is responsible for the maintenance and replacement of sidewalks. Otherwise, check to make sure your association has included these in their reserve plan.

I live in Lone Tree, CO and the city has accepted the responsibility when the sidewalks are next to a public street and the curb and sidewalk are attached. You may want to try to get your city to accept responsibility for sidewalks.

I apologize. I knew what I wanted to say but that’s not what I typed. I said “who ever owns the property would then be responsible for the side walks or personal injury” Being that the sidewalks are generally common property, then as I said “potentially the homeowners would be paying for the repairs"

If the sidewalks are indeed found to be common property then the association would be held responsible? Correct? If you sue the association then you are really suing yourself and your neighbors! If you win the case or even if you loose. The money required will essentially come from the homeowners!

Again I apologize for making that statement in my earlier post. As the saying goes “statement withdrawn”

Is this a true statement, just wondering?
I’m glad you corrected me.

Chuck W.

The HOA would have to repair the sidewalk in the community. So essentially the individual homeowners will be paying for this because all of us pay our dues to the HOA and inturn they use these funds as needed to upkeep the community (ie, landscaping, sidewalk repair, pool maintenance. Does this make sense?

Chuck

MelissaG2,

Please post your board's decision, it is an interesting situation that many HOA's could encounter.

Best of success!!
GeraldT1
NNJ

MaureenB, I am a homeowner as well as the wife of a Board member who has served on the Board for 14 of the 19 years we have lived in this comunity. We have TOTAL lack of involvement by homeowners in the community. My husband would gladly give up his position today if others wanted to get involved. My husband has made a difference and worked very hard for our community. Property values have more the doubled over the past 8 years. The Board can only do so much at a time with no one helping them. We are a self managed community and the Board members are all volunteers with full time jobs.

They have been going down the list of priority items and we are now at the the sidewalk issue. That is why I posted a question about it.

The safty of the comunity is his concern and the Boards concern. The sidewalk issue is what they are working on now. This has nothing to do with the Board not giving anyone a straight answer, they don't know the answer so they have been looking into it. The Board has no problem paying for the repairs. They were just looking for some answers first.

If I sound a little defensive it is because I am. My husband works Very hard for this community and he gets absolutely nothing in return for it. Its a thankless job, but he doesn't give up.