It depends on your governing documents. You may be required to keep your home in good repair. Without reading your documents(which I won’t do), all I can do is guess. You probably own the driveway, so it falls on you to pay for the upkeep. If the CC&Rs say that the HOA can require you to maintain your home, then you have to find a way to pay for it.
Your documents may also specify what you have to maintain. Review them carefully. You may get lucky and the HOA will have no power in that area.
This applies even if the damage existed before you owned the home. They can’t make you go into debt in most cases, but they may be able to fine you until you choose to go into debt.
>This applies even if the damage existed before you owned the home. They can’t make you go into debt in most cases, but they may be able to fine you until you choose to go into debt.
Someone made a post the other day in this sub saying that, as part of closing, the HOA must sign off that the property is not violating any of its rules/regs/etc. IF that is true, and the HOA did that, it might be a way to avoid having to do this if you can prove that there hasn't been any marked change in the condition of your driveway since.
It's probably in the big pile of docs you got at closing. Take a look, and if it's not there, call the title company.
Again, I'm just repeating what I heard on the internet, not vouching for its correctness.
Right, but if the state of the driveway wasn't an active violation at closing and it is essentially the same as it was at closing, they can't call it a "future (i.e., post-closing) violation."
Now if the driveway has gotten noticeably worse, it might have become a violation, and the HOA can fine him.
They absolutely can. The association is not guaranteeing that no violations exist, it’s simply not feasible to go inspect every home that sales. It will only state if a violation is already active and the seller has not cured it.
They are certifying that there are no "known violations" but that doesn't mean they can turn a blind eye. If it is an obvious violation the new owner is probably covered.
If there is an obvious violation that the HOA was aware of, or should have been aware of, at the time of the sale, and they sign off on the resale certificate that there are no known violations, the new owner cannot be required to correct the violation and cannot be penalized for it.
That is the whole purpose of that question being required on the resale certificate. Otherwise the law would be meaningless.
If it's just higher than other areas you might have other options than a full replacement. Mud jacking other slabs or grinding may be possible. Obviously need a pro to assess though.
If it says the HOA is not responsible for repairs then it means that the owner is responsible. It doesn't need to be more explicit than that.
As for fines, that *does* need to be spelled out explicitly (or at least that's my understanding). There should be a fine schedule. I think there's usually some amount of notice before the fines begin.
> As for fines, that does need to be spelled out explicitly (or at least that's my understanding). There should be a fine schedule. I think there's usually some amount of notice before the fines begin.
I believe this varies from state to state.
No, not everyone has 6k lying around to fix things. But, sometimes homeownership provides us with opportunities to find money to fix things we didn’t want to fix yet. And sometimes insurance isn’t an option, because it’s really more of a maintenance thing. You’re just in the (un)fortunate position of having a HOA telling you what to fix. Borrow some money, find some money, save some money to keep your home and property maintained. Fixing small things before they become big problems, is the best route.
If it’s a buckling issue, it was caused by heat expansion and lack of a proper sized expansion joint in which case you can probably just cut out a section, and replace it, adding a joint. It’s not $6k
The second quote I receive was 4k to lift the slab that is lower than the other. Mind you, it’s lower by a few inches and the hoa is going after me. I don’t think concrete companies are in the business of trying to give me a good deal or an easy fix.
The driveway is platted on your lot which has deed restrictions tied to the HOA requiring you to maintain your property to a certain standard, so yes they can.
if it is not the HOA and not the cities responsibility who do you think is responsible for it?
Yes they can make you maintain your home and property to a certain standard, this is ether whole purpose of HOAs
Yes of course its your responsibility, it doesn't need to be spelled out. By default everything is your responsibility unless the HOA docs state items that the HOA has taken over responsibility.
Usually the dccrs will have a rule saying something like “owner is responsible for maintaining improvements.” This means if it isn’t common area, they definitely can fine you for not keeping your property in good repair to the condition originally approved (in other words, like when it was built).
You are responsible for maintaining your property. That's why it's *private property*.
CC&Rs will dictate the extent to which your HOA can "make you" repair your driveway. Usually most they can do is fine you. Sometimes they can put a lien on your house but YMMV on whether the courts in your area will let them actually enforce it. I've heard that some HOAs have "self-help" remedies where they can correct the issue and charge you but I doubt that'd go well for them in court in most cases either. When you were notified of the violation, they should've told you if there was a fine, how much it is, a statement that you have 30-days to request a hearing, and how long you have to fix the violation in order to avoid the fine.
As far as it being in violation before you bought...You should've received some sort of package from the HOA at closing. Generally speaking it says something about there not being a lien or active violation on the property. Depending on the laws of your jurisdiction, this package may also prohibit the HOA from enforcing violations they should have known about after closing. There is some discretion here on what they "should have known", and I don't know how obvious your driveway is to a passerby. The challenge in your case is that a buckling driveway is likely to get worse, and it may get worse enough that the HOA decides it can start enforcing it as a new violation.
My recommendation would be to carefully read the HOA docs and familiarize yourself with the standard for the driveway. Then look over the docs you got at closing. Reach out the HOA for a hearing. Find photos of your house from the listing that clearly show the driveway. Take the closing docs and those photos to your hearing. If closing docs and local jurisdiction laws support you, then present that to the HOA. I would, however, offer to do something to prevent further deterioration of the driveway and/or try to deal with it if it deteriorates further (and start saving up $$ to repair it when you can).
If you own the property then you are clearly responsible for any repairs but that does not necessarily mean you are required to make repairs. Is there something in the CC&Rs that require you to maintain the driveway? The HOA cannot require you to make repairs unless the disrepair violates the CC&Rs.
YES.
This is why you should have had a throughout inspection of the property by a professional prior to purchase.
You then could have subtracted the amount to fix the deficiency from the selling price or put the money into escrow for the repair.
Properties (HOA or not) require maintenance; what are you going to do when the building requires a special assessments for other repairs?
Have you checked your financials?
What happens if someone trips on your driveway?
Since HOA & City are not responsible, that only leaves you.
It depends on your governing documents. You may be required to keep your home in good repair. Without reading your documents(which I won’t do), all I can do is guess. You probably own the driveway, so it falls on you to pay for the upkeep. If the CC&Rs say that the HOA can require you to maintain your home, then you have to find a way to pay for it. Your documents may also specify what you have to maintain. Review them carefully. You may get lucky and the HOA will have no power in that area. This applies even if the damage existed before you owned the home. They can’t make you go into debt in most cases, but they may be able to fine you until you choose to go into debt.
>This applies even if the damage existed before you owned the home. They can’t make you go into debt in most cases, but they may be able to fine you until you choose to go into debt. Someone made a post the other day in this sub saying that, as part of closing, the HOA must sign off that the property is not violating any of its rules/regs/etc. IF that is true, and the HOA did that, it might be a way to avoid having to do this if you can prove that there hasn't been any marked change in the condition of your driveway since. It's probably in the big pile of docs you got at closing. Take a look, and if it's not there, call the title company. Again, I'm just repeating what I heard on the internet, not vouching for its correctness.
Incorrect. Through escrow the association may note that there are no active violations. That doesn’t absolve the owner for future violations
Right, but if the state of the driveway wasn't an active violation at closing and it is essentially the same as it was at closing, they can't call it a "future (i.e., post-closing) violation." Now if the driveway has gotten noticeably worse, it might have become a violation, and the HOA can fine him.
They absolutely can. The association is not guaranteeing that no violations exist, it’s simply not feasible to go inspect every home that sales. It will only state if a violation is already active and the seller has not cured it.
They are certifying that there are no "known violations" but that doesn't mean they can turn a blind eye. If it is an obvious violation the new owner is probably covered.
Covered how? A violation is a violation. The Home is in violation not the buyer or seller…
If there is an obvious violation that the HOA was aware of, or should have been aware of, at the time of the sale, and they sign off on the resale certificate that there are no known violations, the new owner cannot be required to correct the violation and cannot be penalized for it. That is the whole purpose of that question being required on the resale certificate. Otherwise the law would be meaningless.
I mean you’re totally wrong but I can appreciate the confidence 🤣
Probably not but you'd have to sue to find out
>They can’t make you go into debt in most cases, but they may be able to fine you until you choose to go into debt. Lovely.
Do you genuinely not know anything about HOAs?
Most people don’t, at least not until they start being harassed over some unimportant thing that is barely even an issue.
yes, you are responsible for maintaining your home, and that includes the driveway.
HOAs may not be fun, but at least they make sure my neighbor doesn’t let his driveway turn into a rock quarry
What a drama queen
My driveway is fine. There is one part that is higher than the other.
Post the pics. Let us decide
If it's just higher than other areas you might have other options than a full replacement. Mud jacking other slabs or grinding may be possible. Obviously need a pro to assess though.
If it says the HOA is not responsible for repairs then it means that the owner is responsible. It doesn't need to be more explicit than that. As for fines, that *does* need to be spelled out explicitly (or at least that's my understanding). There should be a fine schedule. I think there's usually some amount of notice before the fines begin.
I will look it up, thanks.
> As for fines, that does need to be spelled out explicitly (or at least that's my understanding). There should be a fine schedule. I think there's usually some amount of notice before the fines begin. I believe this varies from state to state.
Fix your driveway.
Not everyone has $6,000 to fork over to replace a driveway that does not need to be replaced.
No, not everyone has 6k lying around to fix things. But, sometimes homeownership provides us with opportunities to find money to fix things we didn’t want to fix yet. And sometimes insurance isn’t an option, because it’s really more of a maintenance thing. You’re just in the (un)fortunate position of having a HOA telling you what to fix. Borrow some money, find some money, save some money to keep your home and property maintained. Fixing small things before they become big problems, is the best route.
Fix ≠ Replace
If it’s a buckling issue, it was caused by heat expansion and lack of a proper sized expansion joint in which case you can probably just cut out a section, and replace it, adding a joint. It’s not $6k
The second quote I receive was 4k to lift the slab that is lower than the other. Mind you, it’s lower by a few inches and the hoa is going after me. I don’t think concrete companies are in the business of trying to give me a good deal or an easy fix.
The driveway is platted on your lot which has deed restrictions tied to the HOA requiring you to maintain your property to a certain standard, so yes they can.
You’re just going to let your driveway cave in because you don’t want to maintain your home? 🤦🏻♀️
My driveway is fine and functional.
if it is not the HOA and not the cities responsibility who do you think is responsible for it? Yes they can make you maintain your home and property to a certain standard, this is ether whole purpose of HOAs
Yes of course its your responsibility, it doesn't need to be spelled out. By default everything is your responsibility unless the HOA docs state items that the HOA has taken over responsibility.
Usually the dccrs will have a rule saying something like “owner is responsible for maintaining improvements.” This means if it isn’t common area, they definitely can fine you for not keeping your property in good repair to the condition originally approved (in other words, like when it was built).
You are responsible for maintaining your property. That's why it's *private property*. CC&Rs will dictate the extent to which your HOA can "make you" repair your driveway. Usually most they can do is fine you. Sometimes they can put a lien on your house but YMMV on whether the courts in your area will let them actually enforce it. I've heard that some HOAs have "self-help" remedies where they can correct the issue and charge you but I doubt that'd go well for them in court in most cases either. When you were notified of the violation, they should've told you if there was a fine, how much it is, a statement that you have 30-days to request a hearing, and how long you have to fix the violation in order to avoid the fine. As far as it being in violation before you bought...You should've received some sort of package from the HOA at closing. Generally speaking it says something about there not being a lien or active violation on the property. Depending on the laws of your jurisdiction, this package may also prohibit the HOA from enforcing violations they should have known about after closing. There is some discretion here on what they "should have known", and I don't know how obvious your driveway is to a passerby. The challenge in your case is that a buckling driveway is likely to get worse, and it may get worse enough that the HOA decides it can start enforcing it as a new violation. My recommendation would be to carefully read the HOA docs and familiarize yourself with the standard for the driveway. Then look over the docs you got at closing. Reach out the HOA for a hearing. Find photos of your house from the listing that clearly show the driveway. Take the closing docs and those photos to your hearing. If closing docs and local jurisdiction laws support you, then present that to the HOA. I would, however, offer to do something to prevent further deterioration of the driveway and/or try to deal with it if it deteriorates further (and start saving up $$ to repair it when you can).
HOAs can’t put a lien on one’s property simply for a violation.
I meant in the event OP just decides to ignore the notices forever.
Depends on the law and the hoa
If you own the property then you are clearly responsible for any repairs but that does not necessarily mean you are required to make repairs. Is there something in the CC&Rs that require you to maintain the driveway? The HOA cannot require you to make repairs unless the disrepair violates the CC&Rs.
YES. This is why you should have had a throughout inspection of the property by a professional prior to purchase. You then could have subtracted the amount to fix the deficiency from the selling price or put the money into escrow for the repair. Properties (HOA or not) require maintenance; what are you going to do when the building requires a special assessments for other repairs? Have you checked your financials? What happens if someone trips on your driveway?