1) The parkway between Garden View Rd. and the sidewalk from the intersection to the Mendocino entrance;
2) the strip of land between the sidewalk and the concrete perimeter fence behind 1135 and 1139 Monterey Place along Garden View Rd and Via Cantebria.
The parkway belongs to the city. Generally, homes adjoining parkways are responsible for maintaining them, which is the case across the street at Cambria. Mendocino HOA maintains the southern end of the parkway that adjoins our property. The rest of the parkway is behind 1139 and 1135 Monterey Place, which are not part of Mendocino HOA, and comprise their own Garden View HOA. However, due to a one-word discrepancy in the recorded covenants, Garden View HOA is NOT responsible for maintaining their section of the parkway. The city believes that Mendocino HOA is, but has failed to produce recorded documents to prove it. Mendocino HOA, naturally, disputes the city's assertion on the grounds that we cannot be held responsible for maintaining city property that does not adjoin Mendocino HOA.
The strip of land is the responsibility of Garden View HOA. 1139 MP generally does its part.
1135 MP uses the Mendocino HOA landscaper to maintain their section but so far has not provided water. Without water, the plants in the strip will eventually die.
The city has cited 1135 MP for failure to maintain their section of the strip. In addition, the 1135 MP section of the concrete perimeter fence is not up to code, with its 3 wooden sections and falling fence.
We are doing our best to ensure that the city does its job of enforcing the code with regard to 1135 MP, who continue to enjoy all that our wonderful neighborhood has to offer without doing their fair share.
