While they may seem pointless, HOA sidewalk rules help keep communities walkable and in good condition. With well-maintained sidewalks, residents and visitors can appreciate their surroundings and remain safe on their strolls. When it comes to maintenance, there may be some confusion, and these rules also help clear that up.
The Importance of HOA Sidewalk Rules
It is normal not to notice the sidewalks in neighborhoods, but that doesn’t change the fact that they are a part of everyday life in HOA communities. Residents walk their dogs, jog in the mornings, and take afternoon strolls. When the sidewalks become cracked or uneven, they can become tripping hazards and lead to injuries.
Additionally, without clear sidewalk rules, residents might inadvertently damage their surroundings. Accidents and disputes can also arise. With HOA sidewalk rules, the association can promote safety and consistency in the neighborhood.
Moreover, sidewalk rules help maintain curb appeal and protect property values. Communities with well-maintained and walkable paths often feel friendlier and welcoming. This will allow these HOAs to attract potential buyers.
Who is Responsible for HOA Sidewalk Maintenance?
The answer to this question depends on where the sidewalk is located. Is it on private or public property? Does the HOA own the sidewalk or does the city government own it?
City vs HOA Responsibility
Some homeowners associations, particularly gated communities, are built on private streets. In this case, the HOA typically owns the sidewalks as well. If the HOA owns the sidewalks, the HOA bears the responsibility for maintaining them. This includes cleaning, sealing, and removing any debris or overgrown plants.
Of course, the HOA board does not have to perform these maintenance tasks itself. The board can hire a vendor to maintain the HOA sidewalks regularly. Some communities, particularly larger ones, also have in-house maintenance staff to handle these duties.
On the other hand, if the HOA has public streets, the city generally owns the sidewalks. In this case, the city is responsible for maintaining them.
Keep in mind that some cities may shift this duty to the homeowners or HOAs. Local ordinances can differ from one place to another. Because of this, it is imperative to check local laws to understand sidewalk maintenance responsibilities. The HOA’s governing documents should also shed some light on this issue.
Homeowner Responsibility
In some HOA communities, individual homeowners are responsible for maintaining sidewalks. This usually applies when the sidewalk runs along the front of the properties. In this case, an HOA may require homeowners to keep their portion of the sidewalk clean and well-maintained.
Some tasks that homeowners may need to accomplish include sweeping leaves, removing snow, and trimming plants. If the sidewalk becomes too dirty or slippery, the homeowner may receive a warning.
Homeowners should check their HOA’s governing documents to explain maintenance expectations. Similarly, board members should check these documents to understand what enforcement procedures and penalties might apply. In some cases, the HOA may be able to maintain the sidewalk but charge the homeowner for the expense.
Who is Responsible for HOA Sidewalk Repair?
When it comes to sidewalk repairs, the responsibility also generally follows the maintenance obligations outlined above. If a sidewalk needs to have cracks repaired or if there is extensive tree root damage, the entity or person who owns the sidewalk must cover the costs.
If the HOA owns the sidewalks, it is responsible for making the repairs. This includes any replacements as well. If the homeowner owns the sidewalk in front of their home, then they are responsible for repairing it.
Similarly, the city might be responsible for repairing its sidewalks. This is more common in larger cities, but smaller towns or villages might shift the responsibility to HOAs and homeowners.
Again, it is essential to read through local ordinances, as these can vary from one place to another. An association’s governing documents should also cover repair responsibilities.
Common HOA Sidewalk Rules in Texas
Many homeowners associations have sidewalk rules. These can vary depending on the association, but they typically cover cleanliness, access, and safety. Here are the most common HOA sidewalk rules.
No littering on sidewalks.- No blocking sidewalks with vehicles, trash bins, or decorations.
- Residents must remove snow or ice within a set number of hours.
- Sidewalks must stay free of overgrown plants or roots.
- No skateboarding or biking on specific paths.
- Homeowners must report damage or hazards right away.
- Pets must stay leashed while on sidewalks.
- Owners must pick up after their pets.
No littering on sidewalks.When it comes to cleaning and repairs, some HOAs have set timeframes for them. That means homeowners must complete the repairs or cleaning within a fixed period or else face potential consequences.
Some HOAs also require homeowners to go through the Architectural Review Committee if they wish to make changes to the sidewalk. Architectural standards help maintain consistency and curb appeal throughout the neighborhood. Many rules also aim to prevent accidents and ensure safety.
Homeowners can usually find their HOA sidewalk rules in the governing documents. These include the CC&Rs, bylaws, and the operating rules. Aside from reading these documents, residents can stay informed by attending board meetings.
Insurance for HOA Sidewalk Liability
Believe it or not, sidewalks can pose a liability risk to a homeowners association. If someone gets hurt or injures themselves because of the sidewalk, it could lead to costly lawsuits. A resident or visitor might trip on uneven or broken sidewalks and decide to sue.
If the HOA owns the sidewalk, it might be liable for the damages. Since there is always a liability risk, associations should make sure they are covered with proper insurance.
General liability insurance helps protect an HOA in the event of an injury. This policy can cover the cost of legal fees, medical bills, and even settlements. The HOA board should check its existing policy and ensure it’s robust enough.
If the homeowner owns the sidewalk, they might also be liable for the injury. A visitor or delivery person could sue them for damages. Because of this, homeowners should get personal liability coverage, as their HOA’s insurance policy won’t typically cover them. Most homeowners insurance policies include liability protection.
Word of Advice
Clearly, HOA sidewalk rules help create a safe and walkable community for everyone. Navigating these rules, including those regarding maintenance, can be tricky. As always, understanding state laws and the HOA’s governing documents is a good place to start.
Graham Management provides exceptional and reliable HOA management services to Houston communities. Call us today at (713) 334-8000, request a proposal, or contact us online to learn more!
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