Are Public Sidewalks "Common Areas"?
At the Ocean Beach condos spanning 825, 855, and 875 La Playa St., residents have raised concerns about the Ocean Beach HOA’s approach to enforcing minor “violations” in common and adjacent public areas.
One high-profile example involves sidewalk chalk drawings—creative, harmless markings that are explicitly NOT considered graffiti under San Francisco Municipal Transportation Authority (SFMTA) rules.
The HOA repeatedly escalates these markings into tens of thousands in attorney fees, fines and excessive enforcement, creating psychological, financial pressure, even violence and harassment.
This is despite the existence of what is clearly a box of sidewalk chalk on a shelf labeled “HOA” containing HOA drinks & potting soil.
After I pointed out that the Ocean Beach HOA bylaws do not give them authority to address perceived “nuisances” beyond the physical property boundary, they continued escalating:
Dome Cleaning Company Enforcement
The HOA hired Dome Cleaning Company, sending five cleaners to mop public sidewalks. These cleanings were documented on video and later billed back with $5,000 attorney fee bill-back, raising questions about the legitimacy and proportionality of the charges.
Enforcement Shift
After raising the issue to the HOA attorney in the July hearing — a matter she seemed to be unaware our HOA had undertaken — the cleaning suddenly stopped, limited to incidental removal such as bird droppings.
Laundering Enforcement
Enforcement now appeared to be laundered through alternative individuals: A board member, the gardening committee, and the on-site manager.
Even the board member’s dog, my 12 year old child, and an individual at the open house seemed to notice selective and censorious enforcement efforts.
Public Sidewalks Labeled “Perimeter Common Areas”
Correspondence from the HOA now repeatedly describes public sidewalks and street poles as “perimeter common areas.”
A couple of free 311 reports each individually seemingly turns into thousands in legal fees, as recently as September 14, 2025. All of this apparently to report fliers on street poles, a forum for communication among citizens protected under city law.
At the time these fines were issued, there were a mix of flyers in various shapes, and sizes from other individuals, in addition to graffiti. This seemed weird & odd.
This theatrical reframing appears intended to extend the HOA’s enforcement reach beyond legally permitted boundaries, justifying unruly fines and labor for legally protected actions occurring on public property rather than private HOA-controlled space.
Conclusion
The Ocean Beach HOA’s approach to sidewalk chalk at 825, 855, 875 La Playa St. exemplifies the limits of HOA authority and the performative nature of some enforcement measures—even down to the level of the dog.