By now, you may have noticed that Frontier is installing fiber optic cable in our front yards for their new high-speed internet service. Many homeowners are understandably displeased that their front yards are being dug up and have been contacting the Association to intervene. To be honest, however, the Association cannot do anything about it.

🏛️ The Utility Easement

Most properties have a utility easement (a legal right for utility companies to access and use a specific portion of your property for installation and maintenance) in the front, back, or side yards, typically near property lines or the street. You generally cannot stop the work if the digging is within a recorded utility easement. By purchasing the property, you implicitly agreed to the terms of these existing easements.

✅ Responsibility for Repairs

They are responsible for any repairs. While they have the right to dig, utility companies are generally liable for repairing any damage they cause to your yard, such as re-laying sod or putting down seed and soil. It is important to document your yard's condition with photos before they start work.

The digging is often minimal. For fiber optic installation, companies often use techniques like micro-trenching, which involves a very narrow, shallow trench that has a minimal impact on the yard compared to traditional digging.

🔎 How to Verify the Easement

Still don't believe us? Check the Title Insurance Policy/Report you received when you purchased your property. That report or schedule should list all recorded easements and other encumbrances (liens, restrictions).

DID YOU KNOW 

...that we have something in our Covenants regarding Owners Responsibilities?  When in doubt you can always contact us.

Section 4.2. Owner's Responsibilities. Except as otherwise provided in Section 4.1, all maintenance of the Residential Unit shall be the responsibility of the Owner, and each Owner shall maintain and keep in good repair such property and improvements such as decks, patios, front porches with railings, and screened‐in porches.  With the exception of lawn mowing, trimming shrubs or bushes, and weed maintenance and fertilization of the grass, the Owner is responsible for all maintenance and landscape of the yard areas located on the Lot. This maintenance and landscape responsibility includes tree planting, tree trimming, and replacement of any and all shrubs, bushes, plantings, and trees located on the Lot. All replacement costs for shrubs, bushes, plantings, and trees will be at the sole expense of the Owner. The Owner is also responsible for the maintenance of landscape beds located on the Lot, including weed removal and fertilization in the landscape beds.

The Owner is also responsible for maintenance, repair, and replacement of the patio constructed immediately adjacent to the Residence on the Lot.

Any conflict between these provisions and any other provisions of the Declaration and Bylaws will be interpreted in favor of this amendment clarifying maintenance, repair and replacement responsibility for the Residential Unit's driveway, patio and yard areas on the Lot. The invalidity of any part of the above provision does not impair or affect in any manner the validity or enforceability of the remainder of the provision. Upon the recording of this amendment, only Owners of record at the time of the filing have standing to contest the validity of this amendment, whether on procedural, substantive, or any other grounds. Any challenge to the validity of this amendment must be brought in the court of common pleas within one year of the recording of this amendment.