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Subject: sidewalks
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Author Messages
DavidJ17
(Florida)

Posts:34


07/03/2019 8:15 PM  
I was told our sidewalks are private. How does a sidewalk become private if both ends connect to a public sidewalk? and How does a sidewalk become private if the public can walk on them?
NpS
(Pennsylvania)

Posts:3464


07/04/2019 1:10 AM  
Ownership = right to make most decisions about and usually an obligation to maintain.
Easement = right to use.

If your HOA owns the streets, your HOA usually owns the sidewalks.
If the streets were dedicated to the local government, then the local government usually owns the sidewalks.
Where private streets intersect with public streets, the ownership of the sidewalks will change at the corner.

When the developer of your community got approval from your local government to build, a plat was filed and approved. That plat will identify what your HOA owns.


Je publie un degagement de toutes responsabilite. Read all posts at your own risk.
NpS
(Pennsylvania)

Posts:3464


07/04/2019 1:12 AM  
The public may have an easement from
- something recorded in the plat, or
- a history of being used as a public paty.

Je publie un degagement de toutes responsabilite. Read all posts at your own risk.
NpS
(Pennsylvania)

Posts:3464


07/04/2019 1:13 AM  
public path.

Je publie un degagement de toutes responsabilite. Read all posts at your own risk.
DavidJ17
(Florida)

Posts:34


07/04/2019 5:20 AM  
I was told we have a very unique setting here. The City likes to word things to confuse me. lol.. So I got a reply from the City Manager that says... 'I'm sure you know you live in a private community. Everything within including it's roads & sidewalks are owned by the Condo and the City has no public presence within.'
What does WITHIN mean? We have one street that is open on both ends where the public can drive thru. We also have 2 cul-de-sacs. I didn't know if he was referring to the cul-de-sacs as roads or the one street we have. I was taught in school (I think) that when you lump 2 things together (roads & sidewalks) that means they are together. Well, we don't have sidewalks in our cul-de-sacs.
NpS
(Pennsylvania)

Posts:3464


07/04/2019 6:15 AM  
no public presence within = no responsibility to maintain.

open on both ends or cul de sac makes no difference = your HOA's responsibility to maintain.

Je publie un degagement de toutes responsabilite. Read all posts at your own risk.
DavidJ17
(Florida)

Posts:34


07/04/2019 6:10 PM  
Understood your definition of WITHIN. But I was referring to the first WITHIN I mentioned. "Everything WITHIN, including it's roads & sidewalks are owned by the Condo." So, we have a main street that we drive on to enter & exit our Community. It is not gated, and anyone can drive on it. It also has a sidewalk. We also have 2 cul-de-sacs. They do not have sidewalks. So I wasn't sure when he said 'everything WITHIN' did he mean everything within the cul-de-sacs, or everything within the Community? Cause I believe Condo Management says something different.
NpS
(Pennsylvania)

Posts:3464


07/06/2019 2:26 AM  
My read would be everything including walkways, storm water systems, sewers, possibly water lines if you have wells are one meter for the entire community that your local government might otherwise be responsible for.
If a particular street was dedicated to the local government, then the government is responsible.
If not dedicated, it's private, and everything related to that particular street is on you and your HOA to maintain.
If your HOA says something different, then they should take it up with your local government.


Je publie un degagement de toutes responsabilite. Read all posts at your own risk.
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