I know a homeowner in an HOA where the HOA keeps forcing him to repair a little retaining wall that keeps getting hit by cars/trucks backing up into it due to being in a cul-de-sac. This retaining wall is about 3-4 feet high and it goes from the cul-de-sac street to the community wall. There are two of these walls-- one on the said homeowner's side and another on the another homeowners side. Between these two walls is essentially a walkable concrete path to a crash gate that is part of that community wall.
The problem here is that vehicles that can't make a full turn on the cul-de-sac tend to stop in front of the homeowner's driveway and then back up. When they back up, they back up into that 3-4 feet retaining wall. If the driver doesn't see the wall (or doesn't care), they'll back right into the wall and damage it.
The above scenario has happened twice already on the homeowner that I know. First time, after much back-n-forth with the HOA, the HOA said they will repair it as a one-time courtesy. Second time the HOA is forcing the homeowner to fix it. Now the homeowner said someone in the community already helped to fix it so it looks to be fixed. However the HOA keeps coming back with letters stating it needs to be fixed and with matching colors. Problem is it's the same brick but colors are probably mismatched due to fading from being in the sun (this is in Las Vegas).
But the concern is this-- the retaining walls are really part of the community fixtures that happens to be on the homeowner's property. If drivers keep hitting this wall, according to the HOA, the homeowner bears the responsibility to fix it. Homeowner has asked the HOA to lower the wall, push the wall back behind the street so vehicles will miss it (by removing the bricks), or adding a steel pole in front of the wall as a barrier. The HOA will have none of that.
Is there something the homeowner can do to resolve this issue with the HOA? Seems like the HOA is bullying this homeowner just because they keep referencing a section in an article of the governing docs that states it's the owner's responsibility. If it is the owner's responsibility since it is on the owner's property, shouldn't the owner have the opportunity to modify that wall such that scenarios like the above don't happen again?
Any help or suggestions would be appreciated.
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