Get 1 year of free community web site hosting from Community123.com!
Sunday, April 05, 2020











HOATalk is a free service of Community123.com:

Get 1 free year community website and email newsletter 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: your sidewalks
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
DeeS1
(Michigan)

Posts:223


03/09/2011 12:20 PM  
For those of you representing communities with detached single family homes AND public dedicated residential streets, who is responsible for maintenance/repair of your sidewalks along the street?

They are listed as a common element in our docs, so we have always assumed responsibility, but we are getting feedback from several vendors now that this is unusual .... that usually in subdivisions, the homeowner is responsible. Obviously, in codos that's not the case.

I'm just wondering if it really is unusaul or not. As a board, we have struggled with how to handle sidewalk issues off and on for several years now because of several ambigious phrases in our docs compounded by the fact that the origional builder told all purchasers some misinformation.

JanetB2
(Colorado)

Posts:4211


03/09/2011 12:55 PM  
Hi Dee:

Usually both streets and sidewalks tend to be together and responsibility of same entity. Is your HOA responsible for maintaining the streets?

The first thing I suggest is go to your local city Planning Department and ask them with regards to your subdivision who is responsible for maintaining the streets and sidewalks. This will help potentially clarify your question.

You could always in the future all vote to amend and clarify your governing documents.

DeeS1
(Michigan)

Posts:223


03/09/2011 1:15 PM  
We've gone around this a couple times trying to make heads/tails of it with the city, and will probably be hiring for a legal opinion soon and then clarify our docs from there.

Streets are the township/county responsibility
Township has an ordinance making the area between the curb and lot line the homeowner's responsibility, including the sidewalks (which may or may not trump our master deed).
Our Master Deed says sidewalks are a common element, so HOA responsibility.
Planning department will only clarify to the extent that it is NOT THEIR responsibility -- either hoa or homeowner.

Kind of a sloppy loop that needs to be fixed up through bylaw amendment to clarify responsibility one way or the other. I'm just wondering how other communities with non-private roads handle theirs, since we are getting a lot of feedback that our situation is "odd" from venders.
JanetB2
(Colorado)

Posts:4211


03/09/2011 1:23 PM  
If as you state:

Our Master Deed says sidewalks are a common element, so HOA responsibility. Along with your statement that city is not responsible from curb to lot line.

Then it would be HOA responsibility ... unless all homeowners want to properly amend to make it the homeowner's responsibility. Generally HOA documents must meet or exceed local ordinances ... in your case it potentially appears that it meets and/or exceeds.

I doubt you will get a majority of homeowners to vote in favor of themselves being financially responsible, when the HOA is potentially already responsible as a whole and the costs shared.
DeeS1
(Michigan)

Posts:223


03/09/2011 1:42 PM  
yep ... I get that.

Trying to get a feel for what most other communities do, since we're getting feedback that this is uncommon for this type of community.


While I don't have strong feelings on the matter, it would be my preference that the HOA still maintain them; however, we need to start reserving for them (versus the small scale yearly repairs we've been doing out of operational budget), which will result in notable increase in annual dues. I've run the numbers both ways and I think over the 30 years, the end cost would be about the same (at least within a couple hundred dollars)either way. The headache of individual ownership, on the otherhand, would be much higher :-)
JanetB2
(Colorado)

Posts:4211


03/09/2011 1:54 PM  
The headache of individual ownership, on the otherhand, would be much higher.
I agree with you there.
PeterB1
(Florida)

Posts:257


03/10/2011 4:18 PM  
Dee,

Per our Governing docs, the sidewalks in our HOA are common area property. We are required to maintain them (about a mile) and we have reserve funds for that purpose.

peter
Please login to post a reply (click Member Login on the menu).



Get 1 year 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.







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.
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