Community driveways are considered “right of ways.” They are the biggest headache for the NYC Department of Buildings (DOB) when it comes to enforcement because few if any homeowners who share in a community driveway understand their responsibilities.
Community driveways are private property and only the homeowners have the right to use them. The driveways are the legal responsibility of every homeowner who shares the driveway to make sure they are kept in good shape. Cooperation and dialogue between neighbors are crucial for a liveable and thriving community driveway.
Any citations issued because of garbage debris, abandoned unlicensed junk cars, unshoveled snow, paving, flooding etc. within the community drive are the responsibility of ALL the homeowners who share the driveway.
Very importantly, all the homeowners who have a legal right to the driveways also share any fines that are issued. For instance, according to Ken Lazar who attended the last JPCA Town Meeting, if a derelict car (without license plates) is parked in the common area, everyone who lives in the community drive could be ticketed by the Dept. of Buildings. Few homeowners if any know or understand their financial responsibility should fines be issued.
It has come to the point that since there are so many complaints about the driveways there has to be a dialogue established among all the homeowners so that when problems do arise they agree to fix the problems with a common voice. The JPCA has stated that in any dispute they will volunteer to be the common voice gathering all the information and suggesting solutions with the help of the DOB.