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Subject: Need Permission
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Author Messages
LetA
(Nevada)

Posts:946


05/16/2020 2:23 PM  
Does a public utility need permission from the board before they dig a trench and install another utility vault next to an existing vault? AND is it too much to ask them to pour concrete where they tore out the existing sidewalk slab?
TimB4
(Virginia)

Posts:16778


05/16/2020 2:55 PM  
No and No

typically utilities are placed on easements.
Although a member/Association sees an easement as their property and might put things on it (equipment, plants, fence, etc.), there are certain restrictions associated with the easement and whomever the easement is for can tear down what they need to to utilize the easement as they require.

So, you can ask that they repair the sidewalk.
It's likely the utility can tell you tough luck - so ask nicely.
JohnC46
(South Carolina)

Posts:9461


05/16/2020 4:17 PM  
I agree with Tim but my experience is they will restore to as was even if not approved changes like a fence put in on their right of way.
LetA
(Nevada)

Posts:946


05/16/2020 6:03 PM  
No fence, they they jackhammered out a sidewalk slab and dug both an in-grounnd vault and above ground unit. The most perplexing thing is there is the same in-ground and above ground equipment less than 2 feet away. what puzzles me is, why not just replace equipment . It really don't make sense to add equipment. The contractor spread out asphalt where the concrete sidewalk was that they tore out. I feel the utility should replace the concrete slab.
LetA
(Nevada)

Posts:946


05/16/2020 6:04 PM  
Using the word easement, why then can we the association use an easement where a sidewalk does not exist to erect a Stop sign at a cross street. The PM told us BOD no dice.
TimB4
(Virginia)

Posts:16778


05/16/2020 6:09 PM  
Posted By LetA on 05/16/2020 6:04 PM
Using the word easement, why then can we the association use an easement where a sidewalk does not exist to erect a Stop sign at a cross street. The PM told us BOD no dice.




Public road or private road?
JohnT38
(South Carolina)

Posts:300


05/16/2020 6:10 PM  
Posted By LetA on 05/16/2020 6:03 PM
No fence, they they jackhammered out a sidewalk slab and dug both an in-grounnd vault and above ground unit. The most perplexing thing is there is the same in-ground and above ground equipment less than 2 feet away. what puzzles me is, why not just replace equipment . It really don't make sense to add equipment. The contractor spread out asphalt where the concrete sidewalk was that they tore out. I feel the utility should replace the concrete slab.




Several months ago we had a very similar situation. The utility work was underneath a driveway. The contractor came out and did his thing and used asphalt to fill the section of the driveway taken out. I asked why and he said he was a subcontractor and the asphalt was being used temporarily to fill the void and that the utility company would send someone out later to replace it with concrete. Three months and 10 phone calls later, they did replace the patch with concrete.
TimB4
(Virginia)

Posts:16778


05/16/2020 6:11 PM  
Posted By LetA on 05/16/2020 6:03 PM

I feel the utility should replace the concrete slab.




Has anybody contacted the utility and found out?

Sometimes they will do it later when their schedule allows but put in a "patch" to allow time until they get to it.


GeorgeS21
(Florida)

Posts:2681


05/16/2020 6:18 PM  
Another Rosanne Rosannadanna moment.
LetA
(Nevada)

Posts:946


05/16/2020 10:22 PM  
Posted By TimB4 on 05/16/2020 6:09 PM
Posted By LetA on 05/16/2020 6:04 PM
Using the word easement, why then can we the association use an easement where a sidewalk does not exist to erect a Stop sign at a cross street. The PM told us BOD no dice.




Public road or private road?




Totally private gated community.
LetA
(Nevada)

Posts:946


05/16/2020 10:29 PM  
Posted By TimB4 on 05/16/2020 6:11 PM
Posted By LetA on 05/16/2020 6:03 PM

I feel the utility should replace the concrete slab.




Has anybody contacted the utility and found out?

Sometimes they will do it later when their schedule allows but put in a "patch" to allow time until they get to it.





Yes! Those wheels are in motion now. The homeowner who owns the lot is POed to have two above ground vaults on their property and the utility did not even give them notice this would happen. One vault already existed, now there are two vaults. just to have two side by side looks gawdy. Granted the sidewalk is common area and due to liability that sidewalk slab needs to be fixed immediately.
JohnT38
(South Carolina)

Posts:300


05/17/2020 3:13 AM  
Posted By LetA on 05/16/2020 10:29 PM
Posted By TimB4 on 05/16/2020 6:11 PM
Posted By LetA on 05/16/2020 6:03 PM

I feel the utility should replace the concrete slab.




Has anybody contacted the utility and found out?

Sometimes they will do it later when their schedule allows but put in a "patch" to allow time until they get to it.





Yes! Those wheels are in motion now. The homeowner who owns the lot is POed to have two above ground vaults on their property and the utility did not even give them notice this would happen. One vault already existed, now there are two vaults. just to have two side by side looks gawdy. Granted the sidewalk is common area and due to liability that sidewalk slab needs to be fixed immediately.




You indicated the area was filled in with asphalt. Based on this, what's the liability? It may be ugly but the utility company will not see this as an emergency. I'm assuming the asphalt patch was put done properly.
MelissaP1
(Alabama)

Posts:9306


05/17/2020 4:38 AM  
Utility companies or even cable companies often use contractors. Which means they don't exactly do the best of work or right. It's hard to fight this kind of situation when they use subs. It not going to be done anytime soon. However, I don't necessarily see this all of being a HOA issue. The common area with the sidewalk IF they are responsible for replacing the sidewalk is. Otherwise, it's the Homeowner who needs to take the ball and run with it. The HOA may just back them up.

Former HOA President
LetA
(Nevada)

Posts:946


05/17/2020 8:30 AM  



You indicated the area was filled in with asphalt. Based on this, what's the liability? It may be ugly but the utility company will not see this as an emergency. I'm assuming the asphalt patch was put done properly.




Nope, The patch job looks like it was done by Lucy & Ethel.. Not even close to level with the concrete slab.. We're teleconferencing our next board meting this week. I'll ask if we can get a new slab poured and go after the utility.
BillH10
(Texas)

Posts:495


05/17/2020 11:32 AM  
Utilities almost always use contractors for certain functions, they do not have employees on staff who break up concrete, use a ditch witch, place cable vaults, and put down asphalt. My wife and I had corporate careers totalling 68 years with a major telecom utility, a portion of her career was spent in Right of Way and Outside Plant positions. Over the years we watched our employer gradually outsource many functions, especially those involving heavy equipment which placed cable, used bucket trucks to string new primary multi-pair cable and the like. It was less expensive to contract when needed than to underutilize all those assets, including the employees.

The area in which one of our clients is located is undergoing a major renovation by the company which provides natural gas. There have been safety issues elsewhere in the city. Much of the digging is finished, there are holes in the streets, concrete driveways, and other hardscape on the property. Asphalt patches are everywhere up and down the street. And landscape damage. Someone commented the asphalt patches look like Lucy and Ethel put them down after stomping the grapes or the vitametavegamin commercial. They do, but the work is not finished. Those patches are temporary.

The contractor is not going to send out a concrete truck to patch a 4'x4' hole. Not cost effective. He will wait until he has a full concrete truckload of 4'x4' holes to patch. He will then dispatch crews to dig out the asphalt, set forms, place the rebar, then the truck will show up. This will take place up and down the street until all the holes have been repaired with new concrete.

How long? Probably not months but certainly up to several weeks before all is finished. You should have been given a door hanger when the project began, or perhaps small signs were placed in yards. Call the telephone number on either and ask your questions.
LetA
(Nevada)

Posts:946


05/17/2020 12:10 PM  
Nope no door hangars Bill, absolutely no advanced notification. I asked the homeowner on the corner house where this occurred, nada, zip, zilch. I would expect them to put some caution tape around the patch, because if someone unstable on their feet were to trip and fall. I don't want that liability on the HOA. The President and other director agrees, we are having our PM send out our vendor to erect orange cones and caution tape. It it the least we can do.
GenoS
(Florida)

Posts:3805


05/17/2020 1:40 PM  
Posted By GeorgeS21 on 05/16/2020 6:18 PM
Another Rosanne Rosannadanna moment.

I don't see anyone from Ft. Lee, NJ here.
GeorgeS21
(Florida)

Posts:2681


05/17/2020 4:40 PM  
Ha, yeah, but you got the inference wrt LetA.
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