QUESTION: The sidewalk in front of our house has one slab that has raised up due to a tree root or soil settling. Does the HOA arrange to have the sidewalk fixed so that it doesn’t pose a possible tripping problem for pedestrians? If so, does the HOA pay for the repair?
ANSWER: The answer for both questions is no. The plat for your property that you should have received as part of your closing documents when you purchased your home will show that your front property line ends at the street. As such, you would need to have the raised sidewalk repaired so that it is not a hazard to pedestrian, which could also pose liability problems for you should someone be injured by tripping over the raised sidewalk edge on your property.
The HOA is responsible for maintaining the sidewalk in front of the park area, the sidewalk leading to the park gazebo, the sidewalk around the playground area, and the concrete bridges or sidewalks over the concrete drainage ditches at the park, on Pearl Spring, and on Crystal Spring.
Two documents are relative to sidewalks: our CCR Article IX, Driveways and Sidewalks, and San Antonio Codes of Ordinances, Section 29-11, Maintenance of Sidewalks.
CCR ARTICLE IX
DRIVEWAYS AND SIDEWALKS
All sidewalks placed within the street right of way shall conform to City of San Antonio and Stone Oak Project Committee specifications and ordinances with regard to materials, location, width, and finish. All driveways and sidewalks must be constructed of concrete, stamped concrete, or brick pavers. Asphalt and gravel driveways and sidewalks are specifically prohibited. Location of driveways and sidewalks must be shown on the site plan submitted to the ARC for approval and any variations as to location, design, or surface must be approved in writing by the ARC.
SAN ANTONIO CODES OF ORDINANCES
SECTION 29-11, MAINTENANCE OF SIDEWALKS
“It shall be the duty of any property owner…to keep the sidewalks…in a good and safe condition and free from any defects and hazards….”
These periodic CCR discussion topics intend to remind residents of The Springs of the Covenants, Conditions, and Restrictions (CCR’s) that apply to all Springs residents solely by our election to live in this community. The purpose of the CCR’s is to maintain specific standards for the good of us all, as articulated in their definition:
“THE SPRINGS AT STONE OAK is encumbered by these Restrictive Covenants for the following reasons: to seek to achieve the best and highest use and most appropriate development of the property; to protect lot owners against improper use of surrounding lots; to preserve so far as practical the natural beauty of the property; to guard against the erection of poorly designed or proportioned structures of improper or unsuitable materials; to encourage and secure the erection of attractive improvements on each lot with appropriate locations; and to secure and maintain proper setbacks from streets and adequate free space.”
If you are a Springs resident who has misplaced your copy of the CCR’s, or are a new resident who wasn’t provided a copy by the previous owners or your realtor, you can view (and download in Adobe Reader [.pdf] format) the complete Springs CCR’s and By-Laws at the Consolidated Bylaws and CCRs section of this website, located in the Pages & Links tab.
