Sidewalks

I am so confused about his and can't seem to get a straight answer. There are numerous sidewalks in my community that need repaired and no one seems to know who is responsible. Our HOA is now being run by a management company, they weren't even sure who was responsible. The HOA declartion simple states "the association shall maintain and repair the common areas". No mention of sidewalks at all so I am unsure who is responsible to repair this. The homeowner or the HOA? Thanks

I went to the recorders office about this and they gave me a plat of the subdivision. This shows nothing at all to help me. They told me the city did not own them and that it might be the responsibility of the homeowner or the hoa. Then of course the hoa didn't know. So frustrating to me

You are probably going to need to look at more than just the subdivision plat. You might need to look at individual property deeds in order to determine where the property line is and who is responsible for the sidewalks.

BTW: just because somebody at the recorders office said that the city is not responsible doesn't necessarily mean that's true. You should probably check with the road department instead. They would be better able to tell you if they regularly maintain sidewalks in other areas.

Lizs2,
Who put the sidewalks in?

If the county don't claim them, the property is not shown anywhere in any court records, and this is hard to believe, it would appear to me that everyone is going to have to be resurvied. That property has to be platted somewhere`and you say it is not platted on individual property fronting the Road. You say the association plat shows no evidence of it? What IS listed as association property, there has to be a recordation of this fact also. I think you just haven't pushed the right button yet. I always advise going to planning office and take a look at master plan for your area, also, some of these personnel that work there have long memories.

LizS2,
Well, let's get one thing straight right now. Unless you are the strangest animal association in the country, the management company does not run the association. The BOD runs the association and the management company works for the Board, it does not work for the people. So, since the people elected the Board, the NOD works for the people. Why are you so interested not saying you shouldn't be, in fact, more owners should be. But that is the organizaational structure of your association.

As you go along things will become clearer, in fact, the statement that the Board will be responsible for snow removal is another indicator the Association is going to end up responsible for sidewalks. What snow does the Board remove if necessary, on what property?
You can bet ioof this person in the management company doesn't really know the answer to the question of who maintains the sidewalks and she is sharp, she is busy finding out. She may not tell you, remember, the company answers to the Board.
Of course the obvious question is what does the Board say? If the Board don't know, and don't care, you got bigger problems than sidewalks? Just an opinion

This is interesting that this comes up right now. We just had two homeowners request that we (the HOA) repair their sidewalks and they were quite surprised when they realized they, in fact, are responsible for them.

You need to look to your covenants, first and foremost, and look for the section that states something like this:

Section 6. Landscaping; Sidewalks; Driveways; Trees.

(a) After the construction of a residence, the lot owner shall grade and sod that portion of the lot between the front and the street side walls of the residence and the pavement of any abutting streets.

(b) Each lot owner shall cause a sidewalk to be constructed on each lot within one year from the date construction of a residence on 80% of the lots in XXXXXX has begun, whether or not the lot owners have begun construction on a particular lot.

(c) Each lot owner shall concrete or asphalt the driveway on the lot within three months after completion of a single family dwelling; provided, however, that portion of the driveway from the pavement of any abutting street to the sidewalk shall be concrete.

*************

Then elsewhere are sections that address a homeowner's duty to maintain a lot (which doesn't specify "sidewalk," but since the homeowner owns the lot on which the sidewalk exists, then that is part of their lot they need to maintain), and a duty to repair and rebuild.

The key is, if your DRIVEWAY is damaged, would you expect the HOA to repair it?

If the sidewalk leading from your driveway to your front door is damaged, would you expect the HOA to repair it?

I would bet that your covenants may likely have similar language and each homeowner is responsible for the repair and maintenance of the sidewalks that are on their lots. The city or utilities have an EASEMENT, but they don't OWN that portion of the lot. Because of that easement, if they have to dig up the sidewalk to access underground utilities, or whatever, they will repair the sidewalk. But aside from that, it's on the homeowner to maintain.

Liz,

At least the management company admits that they do not know. However, please be aware that the management company works for the Board of Directors and should only be doing what the board has told them to do.

If you haven't already done so, contact the Board complaining of the safety issue(trip hazards) with the bad sidewalks. noting the locations of them. Do this in writing and request an a written respons as to what action will be taken to address the issue.

It is possible that, without clear guidance, the Board will make a decision that the sidewalks are their responsibility and fix them. Even if they say that some of the walks are the owners responsibilities, you will have an answer and hopefully actions taken to address the issue.

Tim

That's all it needs to say. The homeowner is responsible.

The homeowner is to install a driveway and a sidewalk.

When your builder submitted the plans for the house, he would have included the plans for a driveway and sidewalk.

It is on your property, part of your asset, and you are responsible for the care, maintenance, upkeep and repair, just as you would be with any other part of your property.

The only time you would not be is, as mentioned before, the utility or city damages it while accessing their easement for whatever reasons.

I agree with Michelle on this now. If the CC&Rs stipulate that there will be sidewalks, then the homeowner is required to have sidewalks in front of his home regardless of who actually poured the concrete. He can't rip them out and put in grass or a planter box.

As to the maintenance of the sidewalks, you probably also have something in your CC&Rs that stipulates that homeowners are to keep their properties maintained. That means more than just the house itself. It also includes the driveways, mailboxes, and sidewalks.

As to sidewalks around the playground (common area), it is the responsibility of the adjoining property owner to maintain the sidewalk. Since in this case the adjoining property owner is the HOA, it is the HOA's responsibility.

With all of this in mind, now you can go to the HOA and request that they contact the homeowners who have sidewalks in need of repair to remind them of their obligations to maintain.

BTW: I still suggest that you contact your local road department. Even though it now looks like it is the homeowner's responsibility, road departments often have programs in place t help out with sidewalk repair in order to improve mobility within the community.

Tim,
Liza has lived there for 8 years and paid her assessments. She has been informed twice that the Management Company works for the Board. She says again no owners know anything about the Board. Knowing who works for who makes it simple deduction that you demand to know who the Board is and contact the Management Company.

And yes Liza, it is getting sillier and sillier to try and fathom that no one knows who the Board is and you all have been sending your assessment for eight years.

If you get your issues settled here Liza, what are you going to do with the information, since you will not attempt to find out who is running your show.

Tim has said send the Management Company a letter. Makes sense, send it certified, return receipt if you like. But Lord don't spend eight years of your life sending off money to someone you don't know and by your post has done absolutely nothing for you and your neighborhood. If you walk into the management company's office, identify yourself as a member of the association and ask to see the organizational structure of your HOA, they will give it to you.

You don't have annual elections?

Lisa,

I certainly would NOT rely on the anyone at the Recorder's office to tell me who owns the sidewalks. Their only job is to record documents! I would go to the City/Co Dept. of Planning & Zoning since approval to build the s/d usually goes through them. And, if they can't help you, they should be able to tell you who can. OF course the best person to ask would be the developer. Even if he is no longer around in your community, if he is still building homes you may want to call his office. I'm sure he would know and should also be able to tell you where you can find the answer in writing.