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Subject: City sidewalk power washing within non-gated streets and subdivisions
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Author Messages


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.


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

Former HOA President


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.


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).
(South Carolina)


07/11/2019 8:20 AM  
What/who is a CDD?


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

Community development district?


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?


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.
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Forums > Homeowner Association > HOA Discussions > City sidewalk power washing within non-gated streets and subdivisions

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