In April of 2017, we sent a letter to the membership informing homeowners of parkway tree requirements and sidewalk damage/lifts. As a one-time courtesy, the Association had repaired sidewalk lifts in cost centers regardless of the cause, and informed homeowners that if a lift was found in the future that was determined to be caused by a tree on the homeowner’s property, then the homeowner would be responsible for the cost. We have recently received the results of the completed inspection of lifted sidewalks in the community done by BPR Inc., and you may be notified that a repair is needed on your property, and that there may be a cost incurred. This post is to clarify the requirement, maintenance, and repair responsibilities of the Association and individual owners with respect to parkway trees and sidewalks. Depending upon where your lot is situated, these responsibilities are allocated to either the Association or you as the owner of the lot.
If your lot is located in one of the cost centers (Riverbend, Edgewater, Meadow Ridge, Parkside I, Parkside II, and Bridgegate) then the following maintenance and repair allocation applies to any sidewalk in front of your lot:
The Association maintains and repairs the sidewalk. However, if an owner-maintained tree (including parkway tree) causes damage to the sidewalk, then, pursuant to the Association’s governing documents and California law, the Association reserves the right to, after Notice and Hearing, assess the cost of the repair to the responsible owner.
California Civil Code §5725 (a) and Cottonwood CC&R’s Section Article V, Section 8.
If your lot fronts a City street, then the following applies:
The Homeowner maintains and repairs the sidewalk. If an owner-maintained tree (including parkway tree) causes damage to the sidewalk or any other adjacent property, then the owner is responsible for the cost of the damage whether the damage is caused to association property or another owner’s property. Pursuant to California Streets and Highways Code Section 5610, if your lot fronts a City-owned street and the sidewalk is not otherwise defined in the Association’s governing documents as “Maintenance Property”, then the owner of the lot that fronts the City street is responsible for the maintenance and repair of the parkway landscaping or tree and the sidewalk abutting his/her lot. For this reason, it is imperative, for liability purposes, that you as the homeowner post a warning and promptly repair any tripping hazards located upon the portion of the sidewalk abutting your property.
For any questions regarding this post, please contact the General Manager Kelley Aranda at karanda@actionlife.com.
