Get 2 months of free community web site hosting from Community123.com!
Monday, September 23, 2019
Get 2 months of free community web site hosting from Community123.com!
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: City sidewalk power washing within non-gated streets and subdivisions
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
AaronS6
(Florida)

Posts:1


07/07/2019 7:47 AM  
Our HOA requires that residents keep driveways and sidewalks in front of their home power washed to keep up the aesthetics of the community. Our 2,200+ community contains gated and non-gated city streets. I reached out to the major city here in Florida that we live to find out who is responsible for power washing the city streets that run through our community. They claim it would the HOA since their irrigation system is what causes the build up on the sidewalks. I contacted the HOA community manager and he said the irrigation system in question is owned by the CDD. The CDD and their attorney claim that since these are public city sidewalks, it's the city's responsibility. The city said again this is not their responsibility and don't ever power wash city sidewalks. The HOA attorney believes this is the CDD's responsibility since the property on both sides of the sidewalks are owned by the CDD. The CDD attorney again came back and said it's not their responsibility. The city, CDD, and HOA all have claimed this problem is not theirs probably due to the cost associated with actually doing this work which might be tens of thousands of dollars. Neither the CDD or HOA have budget room to accomplish this task. The residents of this HOA are required to power wash the sidewalks in front of their home but no one is claiming responsibility for the rest of the side walks in the community. They are still going back and forth on this matter with no resolution in sight.

Does anyone have any Florida statue that can swing this decision one way or the other? Does anyone have a similar case and what was the end resolution if any? Any advice on a direction to take this discussion with all parties involved?

Thank you for your time and consideration.
MelissaP1
(Alabama)

Posts:8503


07/07/2019 10:52 AM  
Change the requirement of keeping the sidewalks clean?

Former HOA President
JZ2
(Florida)

Posts:52


07/08/2019 11:17 AM  
Based upon your description, it would appear to be the CDD's responsibility, so I would concur with your attorney's judgment.

If there is language in either the governing docs or the CDD docs that pertains that would likely control resolution of the issue, but otherwise the party responsible for creating the need for the maintenance would be the party responsible for addressing it.

Having said that, the burden would be on the plaintiff to prove that it was the CDD's irrigation system that created the need for cleaning. I have to believe that even absent the CDD's irrigation system, the need for periodic maintenance would arise. Apportioning the liability is where it gets tricky, and therefore it is usually best to negotiate the issue vs. litigating it.
TimB4
(Virginia)

Posts:16448


07/11/2019 3:44 AM  
Lets say it's the responsibility of the city.
The city said that they do not power wash sidewalks.

Translation, if you want it done, do it yourself.


If the Associations irrigation system is causing the problem, the Association should address the issue by adjusting the irrigation system (amount of water, alignment of sprayers, etc.) or simply clean the sidewalks on a regular basis. Simply take a vote and adjust the assessments as needed to pay for this.

Regardless of who's responsibility the cleaning falls on, the claim (until proven/disproven) that the reason to clean the sidewalks is due to the Association makes the issue the Associations (in my opinion).
JohnC46
(South Carolina)

Posts:8650


07/11/2019 8:20 AM  
What/who is a CDD?
BobB31
(Florida)

Posts:124


07/11/2019 9:12 AM  
Posted By JohnC46 on 07/11/2019 8:20 AM
What/who is a CDD?



Community development district?
CjC


Posts:197


07/11/2019 10:39 AM  
There is a difference between keeping up appearance and fix and repair sidewalks. If the HOA restrictions are more strict than the city, why should the city pay to power wash?
TimM11


Posts:299


07/11/2019 12:27 PM  
I've never seen a city around here power wash sidewalks or paved trails, and if the city is responsible for them, the HOA is probably not going to be able to force the city to do it.
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > City sidewalk power washing within non-gated streets and subdivisions



Get 2 months of free community web site hosting from Community123.com!



News Articles Provided by: Community Associations Network
News, articles and blogs about condos/HOA's

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice:  (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.

Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement