boulevard restrictions!!!!!

Started by RobertB21 • 4 replies • 1147 views

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RobertB21 (Kentucky)
Posts: 6

Posted:

The streets in our HOA as well as the boulevards(the strip of grass that runs between the sidewalk and the streets) belong to the city. Our Articles define Lot as "lot"means any parcel shown as such on the record plat of the development. "Lot" shall be deemed to include both the parcel of land and the Dwelling Unit on that Land. These plans show the lot as only going to within one foot of the sidewalk belonging to the city.
My question can the HOA regulation the use of the boulevard. Example: if we prohibit signs on homeowners lot will that include the boulevard belonging to the city. It would seem silly to prohibit signs and the like from the lot, but yet they could be put on the boulevard.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Who installed the bouvevard?

Who maintains them?

By "owning" them, do you mean they are all part of a road right-of-way?

KirkW1 (Texas)
Posts: 1,665

Posted:

Since HOAs regularly regulate parking on city owned streets, it would seem that they could also regulate what is put in the boulevards. But before spending too much time worrying over the issue, I would check with the city and see where they stand on the issue.

Some cities grant that nobody is allowed to post signs on the city owned right of way. Having said that, some reserve the right to do something while others consider the taking down of signs to be the same as picking up litter.

GeorgerwilliamsW (Indiana)
Posts: 975

Posted:

Quote:

Posted By RobertB21 on 09/25/2008 3:42 PM
The streets in our HOA as well as the boulevards(the strip of grass that runs between the sidewalk and the streets) belong to the city. Our Articles define Lot as "lot"means any parcel shown as such on the record plat of the development. "Lot" shall be deemed to include both the parcel of land and the Dwelling Unit on that Land. These plans show the lot as only going to within one foot of the sidewalk belonging to the city.
My question can the HOA regulation the use of the boulevard. Example: if we prohibit signs on homeowners lot will that include the boulevard belonging to the city. It would seem silly to prohibit signs and the like from the lot, but yet they could be put on the boulevard.

Robert, great question! We have exactly the same right of way situation north of the Ohio. Our property lines begin about one foot from the sidewalk with a 15 foot utility easement.

The short answer in Hoosierland is no, the homeowners association does not have any control over or jurisdiction over the right of way. For instance, the homeowners association does not control what species of street tree can be planted. Planting a street tree requires a permit from the city forester and must be one of a number of approved species.

With that said, however, municipal statutes prohibit posting any signs in the right of way, including real estate for sale signs.

However, not all states agree with this interpretation. In some state case law, the court has determined that the homeowners association does have jurisdiction over the right of way to include such things as regulating parking on the street.

(Entirely off the subject: I have heard of the strip of land between the sidewalk and the curb called a "parkway." But this is the first time I have heard it called a "boulevard." I learn something new every day.

In New Orleans the strip of land in the middle of a street, such as Canal Street or St. Charles Avenue, is called "neutral ground." We Hoosiers just call it a median.)

RobertB21 (Kentucky)
Posts: 6

Posted:

Yes the city owns this as part of the street right of way. The lot-owner is however responsible for cutting the grass and shoveling the snow off the sidewalk in this city property. Most citys have the same rules be it an HOA or not.

Definition (2) a Canadian dictionary defines boulevard as "the strip of grass between a sidewalk and the curb", Now 'neutral ground' that sounds like a turf war is about to begin.

Yes, I will check with the city authorities about rules regard the boulevards.

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