Can HOA funds be used to maintain a median in the middle of a state highway?

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Can HOA funds be used to maintain a median in the middle of a state highway?

We received an email from our association president saying they were not happy with the schedule for mowing of the grass in the median of a state highway and had decided to use hoa funds. He indicated he had called the state and was told they mow on a schedule. I told him they were responsible if the grass height posed a danger to motorist. He indicating they wanted the grass to look well manicured and mowed more often the state does. I feel we should get on the state or call local law enforcement to check the grass for hazard. I am also wondering about liability.

Asked on June 23, 2012 under Real Estate Law, South Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not HOA funds are authorized to be used for the mowing of grass in the median of a state highway with respect to the planned unit development that you live in would be set forth in the recorded covenants, conditions and restrictions and/or the approved rules and regulations of the community that you reside in.

As such you need to carefully read these documents. If not so stated, then the funds cannot be used for such a purpose. Personally, the use of the HOA funds for the purpose that you have written about seems to be a waste of good money to me.


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