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Road Associations - Anyone have any experience of them?

Road Associations - Anyone have any experience of them?

Old Nov 11th 2019, 3:33 am
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Default Road Associations - Anyone have any experience of them?

We have a cottage in NH which is on a private road. We had to establish a Road Association with the other properties on the road earlier this year. So far there has been an introductory meeting but no election of President, etc. however a couple of people have collected an initial payment, created a rough budget, organised trash removal and plowing for the road and SOME of the properties,, and spent $$ getting a couple of ditches cleared. For the plowing they got one quote and signed to that company for 3 years without any discussion with the property owners, and same story for the ditch clearing. They are now looking for another payment, yet they don't have a board, proper budget, and their actions aren't inspiring confidence. This is our first experience of a Road Association so wondering if anyone has any experience or advice please?
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Old Nov 11th 2019, 5:30 pm
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Default Re: Road Associations - Anyone have any experience of them?

Since you are in NB, Canada, I'm assuming this is just a holiday home for you and your family. Possibly there was another meeting when you weren't available to attend and a 'board' as such was put in place. Contact whoever you think is the new head of the organization and/or ask your neighbor. In Seneca Lake, New York, our friends sit together with the other homeowners, decide what needs to be done, get quotes (3 to be fair) and then jointly makes a decision on who gets the contract for whatever is decided needs to be done. The only person 'in charge' is the financial officer who collects the monies and makes out the checks.
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Old Nov 11th 2019, 7:46 pm
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Default Re: Road Associations - Anyone have any experience of them?

Yes, it's a holiday home, as are around 80% of the properties. As far as we can understand there hasn't been any meetings, elections, etc. as the person who collected the $ keeps promising to set one up but we haven't been invited to anything and neither has our next door neighbour. The person collecting the $$ lives there year round so it's easier for them to organise stuff, but going to a single contractor and signing a 3 year contract when you aren't elected just seems wrong. Looking at NH law there are different types of Road Association, some require all property owners to contribute, others don't, and it's unclear what type we have. I'm just trying to work out if it's worth getting legal advice
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Old Nov 11th 2019, 8:02 pm
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Default Re: Road Associations - Anyone have any experience of them?

I wouldn't pay anything to anybody without a clear understanding of the terms of the association. Surely there is some kind of document governing the association? I would start by asking the people who collected the payment.
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Old Nov 11th 2019, 9:27 pm
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Default Re: Road Associations - Anyone have any experience of them?

Originally Posted by mcdavis View Post
Looking at NH law there are different types of Road Association, some require all property owners to contribute, others don't, and it's unclear what type we have. I'm just trying to work out if it's worth getting legal advice
Whatever type it is, it would surely need to be legally constituted. I wouldn't pay up any more money without checking the legality of the setup. If you don't want to hire an attorney yet you could contact your local government office to find out if this type of association needs to be registered -- and if that has taken place. If not, get together with the other disgruntled owners to hire an attorney to write a cease and desist to whoever is taking the law into their own hands.
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Old Nov 11th 2019, 10:04 pm
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Default Re: Road Associations - Anyone have any experience of them?

Our house on cape cod is on a private road. There are always some residents who are tight fisted and just don’t want to pay up. Those who want a halfway decent road, want to minimize flooding or whatever, simply have to decide whether they want to pay more than their fair share, or whether they can live with increasingly bad potholes. If the “good citizens” decide to pay up, they have to accept that they’re carrying the free riders. On private roads, it was ever thus. We had exactly the same situation on a private road we lived on in England.
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Old Nov 11th 2019, 10:19 pm
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Default Re: Road Associations - Anyone have any experience of them?

This may have been mentioned in the restrictions when the property was subdivided and sold. I would look at my property deed. From there I would write a letter and send to each property owner expressing your desires to establish a mutual understanding of how the road maintenance should be funded and who should be in charge. Every property owner should contribute an equal amount.
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Old Nov 16th 2019, 2:49 am
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Default Re: Road Associations - Anyone have any experience of them?

Thanks for the advice. Thinking we'll try talking to one of the neighbours who seems to have been involved in an HOA.
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Old Nov 19th 2019, 12:07 am
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Default Re: Road Associations - Anyone have any experience of them?

Originally Posted by robin1234 View Post
Our house on cape cod is on a private road. There are always some residents who are tight fisted and just don’t want to pay up. Those who want a halfway decent road, want to minimize flooding or whatever, simply have to decide whether they want to pay more than their fair share, or whether they can live with increasingly bad potholes. If the “good citizens” decide to pay up, they have to accept that they’re carrying the free riders. On private roads, it was ever thus. We had exactly the same situation on a private road we lived on in England.
Originally Posted by ddsrph View Post
This may have been mentioned in the restrictions when the property was subdivided and sold. I would look at my property deed. From there I would write a letter and send to each property owner expressing your desires to establish a mutual understanding of how the road maintenance should be funded and who should be in charge. Every property owner should contribute an equal amount.
The house we lived in for 25 years in California was one of three houses on a private road - a very tricky, steep, nasty road that required a certain degree of attention ($50,000 soon after we moved in!). There was a 'roadway maintenance agreement' which was originally written by the builder / developer of the three houses, and which we had to review and sign at the time of purchase. Basically, this agreement read just like a typical HOA document. It stipulated that the homeowners were jointly responsible for the road (and something like 10 either side of it) and had to pay equally for costs. I don't recall now if there were legal recourse steps outlined, but I can't imagine they were not specified. I would be surprised if the development you refer to did not have something legal written at the time of subdivision or whatever.

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Old Nov 24th 2019, 3:02 am
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Default Re: Road Associations - Anyone have any experience of them?

When we bought the place there was an HOA that covered a lot or properties. That's been disbanded so those of us on the private road now need a road association, which is fine, but the issue is that we have a self-appointed president who is randomly spending $$ and who has created a budget that comprises best guesses and doesn't even add up!! We've given them a chance to have a meeting to discuss how things should proceed, and have developed a sensible budget proposal so fingers crossed!!
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