easment

Started by LauraD • 1 replies • 1440 views

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LauraD (Arizona)
Posts: 18

Posted:

An easement in our HOA is listed on the plat map as "18' PVD EXCLUSIVE ESMT. FOR COUNTY USES". during the latest rain storm the area developed large pot holes. Residents walk thru' the "alley" to get to our 1 1/2 acre Park to bird watch or walk their dogs. It hss ecome a safety issue. or a couple of yeaars the HOA paid a landscaper to fifll the holes with gravel and dirt. The County sent a crew out prior to thaat timee and they did 6' only and left!
Is the County responsible for maintenance and filling the holes to insure sfety of walkers?

MaryA1 (Arizona)
Posts: 7,043

Posted:

Laura,

IMO, it would depend upon who owns this easement area. Usually whoever owns the property would have the resp to maintain it. If this is a common area owned by the HOA they would have a deed to the property to show ownership. In my former assn there was one very large lot that had a utility and telephone easement. The easement area was on one end of the h/o's property (behind his wall) and he had to allow access to the telephone co and utility co for repairs. Because the easement area was part of his property he was resp. for maintaining it. The same may apply to this area.
On the other hand, the HOA may have formed an agreement with the CO for them to maintain this area (which I doubt). My HOA has an agreement with the City for maintaining road easements owned by the City. These agreements usually don't benefit the HOA!!

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