Landscaping Page

There's been a lot of confusion and incorrect information being dispensed over the years as to whose responsibility it is to maintain the 10 ft behind the homes along Doria Wash.  After meeting with PIMA County officials for a definitive answer, they confirmed it is the HOA's responsibility, not the homeowner.  

"The 10 ft starting at the end of homeowner's fence line outward is part of the HOA Common Area "A" and thus must be maintained by the HOA."  

Confirmed by Marco Diaz, PIMA County Public Works Supervisor, Infrastructure Mgt Div; and

David Takaki, PIMA County Development Services  

READ THEIR REPORTS HERE (5 pages, PDF) 

Also see enlarged plat map here (all HOA Common Area "A" area is highlighted in yellow for clarity - please note the 10 feet behind Doria homes which is the small horizontal space along the rear of the homes on Doria, also colored in yellow for clarity).

===============

Countryside Villas HOA governing documents cited in PIMA's email response for reference:

[ByLaws Article VII, Powers & Duties of the Board of Directors, Section 2.G Duties. "It shall be the duty of the Board of directors to: Cause the Common Property to be maintained;" 

and

[ByLaws, Article II, Section 3 “Definitions.” “Common Area(s)” shall mean all real property, whether improved or unimproved, designated as Common Area “A” and “B” on the subdivision plat and owned by the Association for the common use and enjoyment of the Owners. “Common Property” shall mean the Common Areas and the recreational facilities, if any, including any  personal property now or hereafter owned by or leased by the Association." 

and

DCCRs Article I “Definitions,” Section 1.07 “Common Area(s)” shall mean all real property designated as Common Areas A and B on the plat, whether improved or unimproved, owned by the Association for the common use and enjoyment of the owners. “Common Property” shall mean the Common Areas including any personal property now or hereafter owned by or leased by the Association.

and

DCCRs Art V, Section 5:04.C

ARTICLE V. “THE ASSOCIATION: THE COUNTRYSIDE VILLAS HOMEOWNERS ASSOCIATION,” Section 5:04. “Maintenance, Repair, and Upkeep.” C. Responsibilities of Association.”   C. Responsibilities of Association. “The Association, or its duly delegated representative, shall maintain the landscaping of all Property up to the exterior Dwelling Unit lines and patio enclosures. The Association shall also maintain the Common Area improvements, including but not limited to the private streets, drainageways and that portion of the sewer system located upon the Common Areas.”

===================================================

...more on the subject of what's the homeowner's responsibility vs the HOA's responsibility

1.  Common areas are owned by the HOA (highlighted in yellow as marked on the Plat Map).   HOA is responsible for maintaining landscaping and grounds of all common area "A" (this also includes the 10 ft behind the homes along Doria Dr from the homeowner's fence line out to the desert wash).  With that being said it is perfectly fine for homeowners to garden and water their own yard as desired.  Homeowners don't have to but some homeowners like to.

2.  HOA maintains landscaping and irrigation of homeowner's front yard property only and includes above ground maintenance only.   (Backyards and backyard irrigation is owned and maintained by homeowner and not the responsibility of the HOA).  The HOA is not responsible for any maintenance that involves deep digging or anything underground, with the exception of irrigation maintenance or planting a small plant in the case of replacing a dead plant.  But having an established tree or bush removed in the case of a homeowner's water main pipe repair is the homeowner's responsibility.  The HOA Landscapers can trim or cut a bush down (the portion that is above ground only), but not do any deep digging, like removing deep established roots for removal.  Due to liability issues, the Villas' Landscapers cannot dig in a yard due to the electrical, gas, and utilities which must be blue staked 811.  Homeowner must contact the appropriate landscaping professional who will have the blue staking done.  MORE INFO ON BLUE STAKE HERE.

3.  Irrigation water lines for the Common Area and the front yards of homes are supplied by the HOA's separate water main and meter which are not located on homeowner property and are the sole responsibility of the HOA.  They do not include the homeowner's own water main and water meter located in the homeowner's front yard. Any leaks in the homeowner's water main pipes on the homeowner's property are not connected to the HOA irrigation system and are the responsibility of the homeowner. 

WATER LEAKS: irrigation or homeowner's own water main pipe?

NOTE: an easy way to tell if the leak is the HOA irrigation vs the homeowner's main water pipe is by turning off all household water, then opening the cover of the homeowner's water meter located in the homeowner's front yard and checking to see if it displays the running symbol; if it's running then the leak is the homeowner's water main pipe (because the HOA irrigation system does not affect the homeowner's water meter).   If the homeowner's water meter is not displaying that it's running then it is the HOA irrigation system leaking.  It's always possible the leak is due to Oro Valley water but this is rare and usually not the case.  Oro Valley is responsible for leaks starting from the water meter to the street onward; any leaks from the meter to your home are either irrigation or your main water pipes.  Usually if it's located along the curb it's irrigation, and leaks more towards the middle of your front yard and towards your home are your home's main water pipes.  When in doubt call Oro Valley Water Utility at 520-229-5000 to come out and they will tell you definitively if it's their responsibility or your water main pipe or not. 

You can also ask the Board, the Landscaping Committee will have a good idea where the leak is and will have the landscapers look at it too.  

All pipes on homeowner's property (with the exception of HOA irrigation) are the homeowner's responsibility and not the HOA's responsibility:    

DCCRs Article V, Section 5:04.A

ARTICLE V. “THE ASSOCIATION: THE COUNTRYSIDE VILLAS HOMEOWNERS ASSOCIATION,” Section 5:04. “Maintenance, Repair, and Upkeep.” A. “Responsibilities of Owner” 

"Maintenance, repair and upkeep of the Lots and Dwelling Units, except as otherwise specifically provided for in Paragraph C of this Section, shall be the sole responsibility of each Owner. All fixtures and equipment installed or located within a Lot, commencing at a point where the utility lines, pipes, wires, conduits or systems enter the Owner’s Lot line shall be maintained and kept in repair by the Owner thereof. Termite control shall be the responsibility of the Owner. All maintenance and repair of the Property within each Owner’s Lot including but not limited to, carport beams, fascia and other carport components, driveways, sidewalks, utilities and the Dwelling Unit itself shall be the sole obligation and expense of the individual Dwelling Unit Owners. Each Owner shall be responsible for the maintenance and repair, including replacement of light bulbs, of all exterior lighting fixtures located within the Owner’s Lot, or in the Common Areas, provided such lighting in the Common Areas is metered to the Owner’s Dwelling Unit."

==================================

...why keeping clear 10 feet is so important?

4.  Per Fire Code of Arizona CHAPTER 5, SECTION 503.2.1 there must be unobstructed access to the alley for fire fighters and emergency vehicles and personnel to gain access to the rear of homes; this includes using bollards that can be removed; and must have at least a 10 ft "defensible space" along the rear of homes for fire fighters (Fire Inspector report)  

5.  ALLEY WAY BOLLARDS: Per PIMA County the striped cement bollards blocking vehicle access to to the alley are the property and responsibility of the HOA and should be removable in case of emergency.  (PIMA County Report)

6.  Landscapers should maintain this area on an ongoing basis or at least clear this area at least twice per year for fire safety, to keep clear for emergency services, to avoid small saplings from becoming huge trees, to ensure homeowners can exit their back gates unobstructed, and to help keep snakes, rodents, and other wildlife from having easy access onto properties along the South side of Doria Dr.

9.  SEE "LANDSCAPE CLEANUP ALONG DORIA WASH" done Feb 2022" Note on the "BEFORE" photos many homes could not even exit their back gates.  The good news is this has been resolved and cleared and will continue to be in the future.

Landscape Irrigation Map (handwritten)