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oil on common areas

Started by BarbaraD6 • 14 replies • 3285 views

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BarbaraD6 (Florida)
Posts: 347
Posted:
Our driveways are common areas, the unit owner has use of it. Numerous residents have oil stains all over the driveways. We have sent letters but since oil is so hard to get up, the residents can't remove it. This makes the community look horrible.

We can fine the resident up to the limit, but the stains remain. Making them replace the driveway would be overkill. I want to make sure as a board member we have done everthing possible in this situation. We all know what a sue happy world we now live in.

We are looking for solutions, hope to hear some from all of you.

thanks
Barbara
DonnaS (Tennessee)
Posts: 5,671
Posted:

Barbara,

The only way to lessen the stain is to power wash the driveways with a mild solution of degreaser. The stains will never every be completely gone because the older the concrete gets, the more pitted and brittle it gets. (Fl. sun) Short of banning cars in the friveways, there is not much that can be done to prevent such stains. But is that nescessarily so important that your association is considering fineing?
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Babara,
Donna seens right to me. It's a drive way. However, you could insure it don't turn into a garage where people service the engine. You can also get commercial sealers to seal the driveway, and make them easier to clean. If you have a Storm Run Off plan for your area, and this oil business is a problem, better check with authorities for guidance.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Robert,

As always, your comments sparks my grey matter into overdrive and then I remember other relevent items to post.

Depending what material Barbara's driveways are made out of would also matter as for preventative measures that they could use. We had lovely pavers and in order to protect them from damage and decomposing, we sealed them annually. Concrete can be also done but it is an expensive annual expense as she has stated that the driveways are common property. Black top is very hard to clean so a sealer is most important there.
BarbaraD6 (Florida)
Posts: 347
Posted:
Hi Donna,
It has become a big problem. Large stains covering half of the driveway.

Rumor spreading that a resident wants to sue due to the common areas(driveway) are not being kept in good condition thus affecting property values.

thanks for your input
Barbara
DonnaS (Tennessee)
Posts: 5,671
Posted:

Hi Barbara,

Oh, how I hate to hear the "sue" word. Let the rumors fly and see how fast some resident wants to pay out good money for a lawyer with such a ridiculous, trivial issue. And I can say with certainly that a stained driveway is NOT affecting home values in Florida right now. This is a 55+ community?

Seriously tho, do you budget for maintenance on the driveways? As I said, what material is the driveway made of? You can have them power washed with a degreaser and that is about as good as it can get. My HOA in Palm City does sidewalks and driveways every 2 years because they are all common property. But my quarterly maintenances are $777.00--that is quarterly so it isn't cheap to expect the association to pay for so many things that residents sometimes take for granted.
BarbaraD6 (Florida)
Posts: 347
Posted:
Donna,

We are not a 55+ community. The association doesn't budget for driveways.The governing docs state although the driveways are association property the resident is responsible for keeping it clean.

thanks again
Barbara
AnnaD2 (Florida)
Posts: 960
Posted:
Barbara---I forget---are you condos or townhouses? Are you talking about a "single" driveway leading to a townhome for which the owner has exclusive use? Or do you have a "common" parking area where spaces are assigned? Just curious.
BarbaraD6 (Florida)
Posts: 347
Posted:
Hi Anna,

We are townhouses, each unit has a cement driveway for exclusive use.

Barbara
RobertR1 (South Carolina)
Posts: 5,164
Posted:
To clarify.
Barbara, then you are condo Townhouses?

It appears the answer is to make each individual owner accountable for the condition of their driveway. Since they are assigned upkeep under some sort of covenant. Is the designation of the driveway common property? I would assume it is limited common. If so, maintenance is Homeowner, repair and replace is association. I think it has been suggested that a committe appointed by the board oversee maintenance of driveways and board support their reports.

Barbara, tell me this? What exactly does the deed to your unit spell out as to land the unit sits on? If you are condo, that would have to be association also, how does your deed describe the land of the property that belongs to association?
DonnaS (Tennessee)
Posts: 5,671
Posted:

Robert,

To clarify how the Townhomes are considered under Barbara's association is that each unit is considered a single home. Not a condo but they do have the central common element--the adjoining wall. I have a unit just like this. The owner has deed to the property that the dwelling sits on and owns the land as far out as the roof eaves extend. After that, it is limited common property, aka driveways, yards, sidewalks. Apparently, her association states owner responsibility for maintenance of driveways. and perhaps other of this LCA
BrianB (California)
Posts: 2,820
Posted:
Quote:
Posted By DonnaS on 02/14/2010 1:13 PM

And I can say with certainly that a stained driveway is NOT affecting home values in Florida right now.

This should be engraved on every HOA board guidebook...

Thank you Donna, for this little bit of common sense.
BarbaraD6 (Florida)
Posts: 347
Posted:
Thank you Donna for explaining it.

Barbara
DonnaS (Tennessee)
Posts: 5,671
Posted:

BOY!, I must be having a good HOA day. Thank you Anna and Brian. Now, to get back to Jerrell
DonnaS (Tennessee)
Posts: 5,671
Posted:

OOPS---And Barbara too

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