Legal Question in Real Estate Law in Arizona

Sidewalk zoning HOA responsibility

Hi. Thx in advance. There is a 4 foot x 20 foot strip of land next to the road with trees and shrubs infront of our (and all our neighbors) homes. Then next to that (closer to the homes) is the sidewalk. Then next to that is our home property line. The HOA is now, today, 15 months after we moved in, sayting that home owners are responsible for the shrubs. Is there a zoning law in PHX that says this? The CC&R's say nothing about who owns it, and it was always assumed to be the common area, as the HOA once responded when I asked them to move a 3 foot weed. Wouldn't lack of comment mean it's the city's or the HOA? It's clearly not on our property, according to the plat maps. It turns out our home water is being used for it also! Can we go after the builder for not using common water as builder defect or something? thx! Kind regards, Steve.


Asked on 9/12/06, 1:08 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Sidewalk zoning HOA responsibility

You need to check the title on the strip and see who owns it. I would expect that ownership belongs to the Homeowner's Association - if not, maybe title needs to be corrected. Then, check your CC&Rs to see if maintenance of any common area is addressed if that strip happens to be part of a common area. Typically a developer will create a Homeowner's Association to own and maintain common areas and they shouldn't be tapping into your water. They should have their own water service to the site.

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Answered on 9/12/06, 8:18 am


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