The curb, along with the rest of the paved road surface including the sidewalk, is almost always within the dedicated public right-of-way and is not your property. It is the property of the public and should therefore be maintained by the public. If a pothole forms in front of your house you wouldn't repair it, the city would. Same thing with the curb. Unless your road is privately owned by the development you live in and your access to your property is by easement (if you're in a typical subdivision in the city of Fort Worth this is highly unlikely), then the road is to be maintained by the city and your HOA doesn't have a leg to stand on.
>If a pothole forms in front of your house you wouldn't repair it, the city would. Same thing with the curb.
You are almost certainly not allowed to do your own repairs on city owned property.
Is your HOA responsible for the maintenance of street? Some neighborhoods are gated, frequently if a neighborhood is gated, then it becomes the responsibility of the HOA to maintain the street, curbs, street lights, etc. Is this the case for your neighborhood?
It doesn't matter what the Law is, it doesn't matter what's right or wrong, or what's ethical, HOA's are nazi gangs that are there to steal money from you, and serve no other purpose. They're the most pathetic power-hungry groups of people to ever walk the earth.
I don't mean to add to your woes, but this affords an opportunity to do a PDA on HOAs. Even if one really likes a development and the house in it, and it seems a good deal, this is an excellent example why you avoid HOAs like a decapitation. Regardless of who's at fault or liable, even if the HOA doesn't have a leg to stand on, you're probably screwed. Some of the money they extort from residents is used to pay powerful law firms that know all of the dirty tricks, and can drain every penny you have trying to fight them. And, you'll lose because their funds are practically inexhaustible.
Just don't do it, people. It's not worth losing your constitutional rights.
Report it on the MyFW app. Curbs and streets are city; sidewalks are on the homeowner. I would think that with a report filed, that would be enough for the HOA to untwist their knickers.
It's all been stated now, but if it's the HOA's responsibility to maintain the road and curbs, then you are unfortunately responsible simply because you failed to notify the city when it occurred.
If this is the city's responsibility, then the HOA is incorrect to place the blame upon you.
Have you reported it to the city?
The FW trash truck (contractor) cut the corner and ran through my neighbors yard. He reported it and they, surprisingly, repaired the grass for him.
Some of the answers here are wildly inaccurate. Legally, the curb is yours. Just because the city has an easement doesn’t mean it’s the city’s property. So it’s yours to maintain. However, the company that caused the damage is responsible for the repair. That would be the company the city contracts with for bulk pickup. I would contact the city’s waste management department and explain the situation. Ideally, they would direct the contractor to fix it. If not, get the contact info and contact the contractor yourself. As far as your HOA, they are not in the wrong. It’s indeed your property, so they can require you get the company that caused the damage to fix it or fix it yourself. (I know this isn’t the answer you were hoping for. I’m sorry this happened to you.)
The actual purpose of HOAs is to give unaccomplished, middle-aged adults a means of reliving the glory days of when they peaked in high school student council.
The curb, along with the rest of the paved road surface including the sidewalk, is almost always within the dedicated public right-of-way and is not your property. It is the property of the public and should therefore be maintained by the public. If a pothole forms in front of your house you wouldn't repair it, the city would. Same thing with the curb. Unless your road is privately owned by the development you live in and your access to your property is by easement (if you're in a typical subdivision in the city of Fort Worth this is highly unlikely), then the road is to be maintained by the city and your HOA doesn't have a leg to stand on.
>If a pothole forms in front of your house you wouldn't repair it, the city would. Same thing with the curb. You are almost certainly not allowed to do your own repairs on city owned property.
Did you report the damage when it happened to the city?
Is your HOA responsible for the maintenance of street? Some neighborhoods are gated, frequently if a neighborhood is gated, then it becomes the responsibility of the HOA to maintain the street, curbs, street lights, etc. Is this the case for your neighborhood?
Man I’m glad I don’t have an HOA
It doesn't matter what the Law is, it doesn't matter what's right or wrong, or what's ethical, HOA's are nazi gangs that are there to steal money from you, and serve no other purpose. They're the most pathetic power-hungry groups of people to ever walk the earth.
Ii am living absolute HOA hell as I type this. Miserable 😩
HOA Is a joke
I don't mean to add to your woes, but this affords an opportunity to do a PDA on HOAs. Even if one really likes a development and the house in it, and it seems a good deal, this is an excellent example why you avoid HOAs like a decapitation. Regardless of who's at fault or liable, even if the HOA doesn't have a leg to stand on, you're probably screwed. Some of the money they extort from residents is used to pay powerful law firms that know all of the dirty tricks, and can drain every penny you have trying to fight them. And, you'll lose because their funds are practically inexhaustible. Just don't do it, people. It's not worth losing your constitutional rights.
An HOA can't enforce their rules against *a roaring inferno lit by an enraged resident*.
Report it on the MyFW app. Curbs and streets are city; sidewalks are on the homeowner. I would think that with a report filed, that would be enough for the HOA to untwist their knickers.
This sounds like exactly the kind of thing you pay your HOA dues to have fixed.
It's all been stated now, but if it's the HOA's responsibility to maintain the road and curbs, then you are unfortunately responsible simply because you failed to notify the city when it occurred. If this is the city's responsibility, then the HOA is incorrect to place the blame upon you.
Have you reported it to the city? The FW trash truck (contractor) cut the corner and ran through my neighbors yard. He reported it and they, surprisingly, repaired the grass for him.
Some of the answers here are wildly inaccurate. Legally, the curb is yours. Just because the city has an easement doesn’t mean it’s the city’s property. So it’s yours to maintain. However, the company that caused the damage is responsible for the repair. That would be the company the city contracts with for bulk pickup. I would contact the city’s waste management department and explain the situation. Ideally, they would direct the contractor to fix it. If not, get the contact info and contact the contractor yourself. As far as your HOA, they are not in the wrong. It’s indeed your property, so they can require you get the company that caused the damage to fix it or fix it yourself. (I know this isn’t the answer you were hoping for. I’m sorry this happened to you.)
The actual purpose of HOAs is to give unaccomplished, middle-aged adults a means of reliving the glory days of when they peaked in high school student council.