Wall Ownership--Time to Check?

Posted in: Park Timbers
I commend the actions of the Board of Directors of the PTHA in maintaining
the standards of our subdivision which result in protecting the value of all
of our homes. The repair of the front wall has raised some interesteing issues. Before such a large expenditure of funds ($26,770) is expended again, a determination of who exactly owns the front wall is necessary and appropriate. The issue of ownership has been avoided for far too long.

At present, all homeowners, through their dues, are underwriting the repair
of the front wall. If it is determined by legal survey that the front wall
is located entirely within the boundaries of individual homeowners'
backyards, then perhaps it is those individuals who should be assessed (or
dues discounts eliminated) if and when this becomes necessary again.

If, for example, the front wall falls down along the boundary of the PT Swim
Club (a private business operation) should all homeowners (whether or not
they are members of the Swim Club) be assessed or have to underwrite the
cost of repairs to protect the pool operation?

It should be noted that at the present time, the general fund neither pays
for, nor repairs, any other fences/walls on homeowners' property bordering the remainng three boundaries of Park Timbers. Money is expended for a privacy/security wall only for those who live along General DeGaulle. If the front wall is indeed in their backyards, and PTHA funds are used for
upkeep, then by this precedent, all homeowners in PT, who live along one of
the four boundaries, should have access to the same funds to protect the
privacy/security of the entire subdivision.

The Covenants for Section III stipulate only that general funds may be (but
are not required to be) used for general ''safety and or health projects;
beautifications...and maintenace of subdivision fences and walls'' (note:
fences and walls are plural).
Therefore funds for walls and fences should be applied equally, or the
burden for repairs for all walls/fences needs to fall on individual property
owners.

At the very least, before allocating such a large amount of money for
repairs, the Board needs to determine if the association is maintaining a
wall on private or public land, which may or may not fall under the legal
control of PTHA and may actually be the property of the City of New Orleans.

A proposal before the Board to make PT a gated community in theory sounds
appealing. But the practical application is unclear. How do we have a gated community, when at the present time there is only a brick wall along
one boundary? What about the homeowners on Lennox? Are they excluded? How do we put a gate across Lennox? What about lots/homes with no fences along the Algiers Outfall and Norman canals along the other boundaries of PT? Do we build brick walls behind these properties? These issues need to be addressed before the Board procedes with any future expenditures which may affect our dues or discounts for early payments.


By Barbara Sillery
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Wall

Barbara states that 'The issue of ownership has been avoided for far too long'. Why? Has this come up before. If so, why is it not resolved. I agree with her. I think this issue needs to be adddressed AND resolved. Especially related to the pool wall. One positive thing, at least the new wall sections appear to be properly constructed.

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Wall Ownership

Jerry,

The issue of the wall ownership comes up every couple of years. As you probably know, the wall has been there ever since the subdivision was built, and the maintenance fund is, in part, for the maintenance of the wall. The reasons that ownership of the wall has not been specifically determined are several. First, there would be a cost in having that ''determined.'' From conducting an accurate survey to possibly engaging in litigation, costs could mount. Second, if we found out that the wall actually belonged to the individual homeowners, then we might have a problem in maintaining the wall. For example, suppose one homeowner did not like brick and decided to tear it down and put up a clain link fence. Suppose another put up a wood fence. As you could imagine, the subdivision could lose its nice front boundary wall and we could get stuck with whatever anyone wanted to put up. On the other hand, suppose that the survey found that the City actually owned the wall. That could pose a whole other array of problems, from simple maintenance to rebuilding to problems with permanent improvements on ''City property'' without a permit. As things now stand, the issue of ownership is fuzzy, but the system works: we can maintain the wall whenever we need to, and we encounter no homeowners who claim an ownership in the wall and who thus want to change their portion of it. This has been the rationale for approximately 25 years in maintaining the wall, and many before us have let the sleeping dog lie.

Glenn Orgeron
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