Just like other parts of the community, HOA sidewalks need regular maintenance and repair. Who is responsible for HOA sidewalk maintenance? Is it the homeowner or the homeowners association?
Who is Responsible for HOA Sidewalks?
It’s common knowledge that homeowners associations are responsible for maintaining the common elements. These include the association’s clubhouse, pool, and even shared roads. However, determining responsibility isn’t always clear when it comes to HOA sidewalks. Is HOA responsible for sidewalks, or are homeowners responsible for sidewalks?
Responsibility for HOA sidewalk repair isn’t always straightforward. It usually depends on the association’s governing documents and its municipality. More often than not, homeowners are responsible for maintaining the sidewalks in front of their property. Meanwhile, the HOA is responsible for sidewalks in common areas (e.g., in community parks or playgrounds).
In some cases, the homeowner and HOA are jointly responsible for maintaining the sidewalks. This means they must work together to ensure they’re clean, well-kept, and free of obstructions and cracks.
Is the City Responsible for Public Sidewalks?
Some properties are located on the border between HOA property and public property. If a home has two sidewalks, one on the HOA’s side and one on the public street’s side, who is responsible for sidewalk maintenance?
Unfortunately, the answer is not always clear, either. The governing documents may determine responsibility for the sidewalk within the HOA’s boundaries. The governing documents may outline who is responsible for the sidewalk.
The sidewalk beside the public road may also depend on local regulations. For the most part, though, homeowners are responsible for maintaining sidewalks that border their property. This is surprising for many, as most people assume it’s part of the city’s job to maintain public sidewalks.
However, it’s a common misconception, and the responsibility often falls on the homeowner. This is true in many states, including California.
What’s Included in HOA Sidewalk Maintenance?
Whether the HOA or the homeowner is responsible, HOA sidewalk maintenance must be a priority. This is especially true if the HOA is located somewhere that sees a lot of snow. The one responsible should make sure to remove the snow so that the sidewalks are passable. Moreover, a lawsuit could result should someone slip and fall because of frozen sidewalks.
What is included in HOA sidewalk maintenance? Here are some things the HOA or the homeowner must take care of.
- Regular Inspections. Homeowners or HOAs may conduct regular inspections to ensure the sidewalks, the soil underneath, and the drainage are in proper condition.
- Fix Landscaping Issues. Trees and vegetation around the sidewalks must be well-maintained and pruned to prevent damage to the sidewalk.
- Proactive Maintenance. Cracks in the sidewalks can lead to eventual erosion, property damage, and potential accidents. Make sure to be proactive in maintaining the sidewalks to steer clear of unnecessary damages. Apply sealant every 2-3 years to prevent cracks from forming on the surface.
- Tree Removal. Some tree roots may lift the concrete slabs on a sidewalk, causing damage. Maintenance may involve removing the roots or the entire tree.
- Replacements. Heavily damaged sidewalks may need to be removed entirely and replaced with new slabs.
Why is HOA Sidewalk Maintenance Important?
Maintaining HOA sidewalks is crucial for several reasons.
1. Safety
One of the biggest reasons maintenance is essential is that neglect can lead to accidents. Let’s say a sidewalk hasn’t been maintained in years. There’s overgrown vegetation and cracks all over the area. Someone could trip and fall on the sidewalk because of all the damage.
2. Liability Protection
If someone passes by, trips, and falls on the sidewalk, they could sue the HOA or homeowner responsible for maintenance. This can lead to big financial losses for the HOA or the homeowner. Moreover, it could even damage the neighborhood’s reputation. People won’t be as eager to buy homes in the community.
3. Accessibility
Sidewalks are pathways that everyone in the neighborhood uses. If a sidewalk sustains too much damage, it may limit accessibility for homeowners. While it may not be as much of an issue for regular residents, those with limited mobility or other disabilities could have a much harder time.
4. Halt Further Damage
Minor cracks and water pooling may not be alarming to some people. Nevertheless, they’re a sign that the sidewalk already has issues. Left unaddressed, these issues could lead to more damage and bigger problems in the future.
If the community waits to fix the issue, it can result in accidents and lawsuits. Moreover, worsening the problem will likely lead to additional repairs and expenses.
5. Curb Appeal
Homeowners associations exist to ensure that the neighborhood looks appealing to both homeowners and outsiders. That’s why they are so strict about creating and enforcing architectural guidelines. The community must always look neat and enticing to potential buyers.
HOA sidewalk maintenance is a big part of protecting curb appeal. After all, who would want to live in a neighborhood with dirty or cracked sidewalks? It wouldn’t be a very inviting sight.
6. Property Values
Curb appeal and proper maintenance are factors that buyers consider when buying a home. Everyone wants to live in a clean, beautiful, and well-kept neighborhood. If the HOA or homeowners neglect to maintain the sidewalks, the community’s reputation and property values could be jeopardized.
Signs of a Damaged Sidewalk
Maintaining a sidewalk is hard work. How do you know if a sidewalk is not in good condition? Here are a few warning signs to watch out for:
- Uneven Surfaces. Part of the sidewalk may settle, making the surface uneven, posing a tripping hazard for passersby.
- Sinking or Raised Slabs. Raised or sunken slabs can be caused by erosion or tree roots.
- Cracks. The soil under the sidewalk may settle, placing more stress on the concrete slab. Tree roots may also raise the slabs and cause them to crack.
- Discoloration. If the sidewalk looks coarse, discolored, timeworn, or bleached, it may no longer be in the best condition. The sun’s UV rays can cause fading, discoloration, and oxidation.
- Snow or Ice. Excessive snow or ice forming on top of sidewalks may cause water damage and erosion in the soil underneath.
- Loose Concrete. Loose concrete could indicate that the sidewalk’s structural integrity has been compromised.
- Overgrown Vegetation. When weeds or other vegetation grow on or around the sidewalk, it has already been compromised. Continuous growth may lead to even more damage in the future.
- Water Pooling. If water pools in parts of the sidewalk after heavy rain, it can damage the concrete and soil underneath. It’s also a sign that the sidewalk already has issues.
How to Repair HOA Sidewalks
If the sidewalks along the HOA are damaged, the association or homeowner should contact a contractor to fix the issue. Here are some repairs the contractor might make should the sidewalks be damaged.
1. Concrete Leveling
Concrete leveling (also called concrete raising or lifting) lifts the settled slabs to level them with the rest of the sidewalk. It’s a cost-effective way to ensure the sidewalk is even without requiring a total replacement. The method solves minor problems like tree roots lifting sidewalks, trip hazards, and uneven slopes.
2. Grinding
Uneven sidewalks can be trip hazards for passersby. The contractor may grind the sidewalk down to ensure it’s even and safe to walk on. This is a quick and affordable way to level the path. However, keep in mind that while it’s cheaper, it can also have its downsides.
For instance, grinding may make the slab thinner and weaker. It might be more prone to damage, leading to more repairs and replacements. Furthermore, it often leaves a patchy appearance that could appeal to onlookers.
3. Adding Concrete
The contractor may add more concrete or patching compounds to eliminate tripping hazards. It allows the concrete to be more level and makes walking safer. However, it’s not a permanent solution. The concrete will likely chip off as it naturally contracts or expands. It’s also difficult to bond the existing slab with the additional concrete.
4. Replacement
Replacing the entire sidewalk is a time-consuming and expensive process. However, it’s the most effective solution if the sidewalk is damaged beyond repair. It might be time for a total replacement if homeowners or HOAs see any crumbling, heavy cracks, or lots of tree roots raising the slabs too much.
A Crucial Part of Maintenance
HOA sidewalks are essential parts of the community. Regardless of who is responsible, homeowners and HOA board members must ensure they’re passable and in good working condition. Otherwise, accidents, lawsuits, and reduced property values could occur.
Personalized Property Management offers premier HOA management services to neighborhoods in Southern California. Call us today at 760-325-9500 or send us an email at info@ppminternet.com for more details!
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