AZHOC - Arizona Homeowners Coalition
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Breaking ADA laws while fining homeowners for same

Hello,
Recently our HOA sent out letters with basically the following:
-People have tripped on sidewalks and been injured (no proof of this)
-ADA laws allow no more than 1/4″ height variance between sidewalk slabs.
-PCP (A concrete company) inspected every (note that!) sidewalk.
-If you have a blue number on a slab, this must be ground down.
-Here is the cost PCP will charge to do this.
-If you want to do it yourself or hire someone, you must fill out an ARC form for approval and send it by certified mail within 10 days
– If you do not respond, PCP will do the repair and you will be charged.
My 3 numbers in my sidewalk:
#1 $150
#2 $85
#3 $120
I went out to look at these numbers. #2 was legit. There was just barely a 1/4″ difference. I had that fixed following procedure with my own contractor.
Get this. #3 is on a slab that is in front of my property. However, it is the slab the HOA had relaid last year at the ends of the bridge overpass next to us. Their contractor left a raised area where our slabs met!
#1 is where my slab abuts my neighbors. It’s been clearly found that our slab is level. The neighbor’s is sinking. If our slab is ground down, as the neighbor’s slab keeps sinking… we end up paying for a whole new slab while neighbors keeps sinking.
I had a member from the ARC come look and verify these things. I got a call that the slab they’d had poured was being waived. After repeated contacts I never got the waiver in writing. I was completely ignored about slab #1.
-A few a PCP worker started grinding my sidewalk. I told them yhey could not touch #1. They also agreed it should not be touched.
-Got an email from the HOA we would be sued if we didn’t have the work done.
NOW here’s the fun part. 1st they didn’t mention the ADA law that requires the height AND any seam/gap to be under 1/4″.Also, there wasn’t a single mark by PCP on any HOA owned sidewalk!!
I’m disabled and in a wheelchair. I like to go on rolls around the community. I always have trouble at the curb ramps. I figured it just was what it was. Well I looked up the ADA law, and found that my problem was due ti the fact that there is no level landing at the bottom of the ramps. You go down then immediately up to the street level. It’s easy to get stuck in that dip with gravel that accumulates so I’m just spinning my wheels. This has caused some danger when cars are present
Additionally, the seams along most of the slabs are about 1 inch wide, up to 1/2″ elevation differences.
I posted this information with photos on Nextdoor to the outrage of fellow homeowners. I also got lambasted by a board member.
So I’m at stall mate with the HOA. I said I’m not grinding down where even PCP said it shouldn’t be. They are not doing anything about their sidewalk issues or the major problems with almost 300 curb ramps.
I’ve contacted Tucson City Codes who gave me the runaround. And I’m contacting the ADA.
What can I do about slab #1?
BTW I asked on Nextdoor if anyone had received all the findings from the PCP inspection. None. A couple of days later many people said they got it by email. I have yet to.
I’m actually considering moving for a number of reasons. This HOA is one. My stories would make this seem like nothing. My Realtor said most Tucson HOAs are bad, but he and many others say ours is criminal. Way before all this or anything to do with me specifically.
Lastly, I reported a 3″ x 1″ crack in the bridge sidewalk in 2017. They fixed it last year. And made that mistake they are charging me for. I KNOW there’s kickback with PCP. Trying to find out how to prove it. Sorry for the length. Thank you so much for your time! Oh, the link to find your legislative district goes to an error page.

1 Response

  1. Dennis Legere

    Maya,
    The ADA applies to public access to facilities. Since when are homeowners responsible to maintain public sidewalks in any community? You first need to look thru your governing documents and see exactly what they say relative to maintenance of sidewalks. I suspect that the sidewalks are identified as common property and the responsibility of the association to maintain. If not, you were all screwed by your developer. Even if you own the land under the sidewalk the association would typically be granted an easement to install the sidewalk on your land but they would still be responsible to maintain that sidewalk.
    I’ve never heard of any governing document that required homeowners to maintain sidewalks for public use of their property. If for some strange reason your CC&R’s do this then you have no recourse other than to comply, but I sincerely doubt that that the CC&R’s specify this. Now some associations have under rules that the board approved distributed maintenance responsibility for common areas to homeowners, but they had absolutely no authority to do that without first changing the CC&R’s and those rules are illegal and invalid.
    Find out the truth for your community or send me your CC&R’s and I’ll read them and let you know what they require.

    Dennis

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