Susan Knox Wilson
All homeowners with a party wall* bordering a common area take note: If your landscaping causes damage to the party wall, you are responsible for some or all the costs of the repair.
“Our Covenants, Conditions and Restrictions (CC&Rs) make the policy clear,” said Bill Halte, Vice Chairman and Manager of the Architectural and Landscape Committee (ALC), “Article IV, Section 2 (p) to be exact. But many homeowners may have overlooked this section — or forgotten the details — so we want to get this information out there before the forthcoming bills for party wall repair cause a sudden spike in homeowner visits to the ER.”
Basically, Section 2 (p) of the CC&Rs, says that a homeowner who shares a party wall with a common or perimeter wall maintained by the HOA, has responsibility for maintaining the wall on their property. If the homeowner does something to damage the wall, they are responsible for reimbursing the HOA for one-half of the costs incurred by the Association for the repair. Further, if the homeowner doesn’t remedy the problem that caused the initial damage, any subsequent repairs will be billed in full to the homeowner.
The ALC reports the major cause of damage to party walls is excessive watering of plants and trees near the wall. The fix for this problem is to reduce the amount of water coming in contact with the masonry block wall by doing some or all of the following:
1. Remove offending tree/plant.
2. Reduce the timing and quantity of water your drip system is delivering to the plants/tree causing the problem.
3. Apply a waterproofing system to the bottom of the party wall on your side of the wall.
4. Move the drip line emitters for plants to at least three (3) feet and for trees eight (8) feet from the wall.
The Facilities Department estimates the cost of party wall repairs can be as much as $28 per square foot, so if you’re served with a Party Wall Violation Notice – currently due out this October – you want to be sure to take steps so you don’t get hit with a second notice.
* From the CC&Rs: “Party Walls” shall mean a wall constructed on or immediately adjacent to the common boundary of Lots, Parcels, Common Areas or other areas in PebbleCreek Golf Resort.”
* From the ALC Guidelines: “HOA perimeter walls – the walls, built by the Developer, surrounding the development, lining major thoroughfares, on common property, or adjoining residential lots.”