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  1. #1
    Join Date
    Jul 2010
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    2

    Question Maintenance and Snow Removal on Private Drive

    I live Colerain Township (just outside Cincinnati) in Ohio.

    My home is in a small subdivision with 1 small public drive and 3 private drives that come off of the public drive.

    The Private drive, on which my house resides, spans property owned by the other houses on the drive, as well as common land owned by the HOA and on the property of 1 home on the public drive.

    While the homeowners on the private drive realize that they are responsible for the parts of the private drive that reside on our property, there is debate as to who is responsible for the parts of the private drive that are on common HOA land and on the 1 home that is facing the public drive.

    Is the HOA and/or the individual homeowner responsible for any of the costs involved in maintaining and repairing the private drive?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Maintenance and Snow Removal on Private Drive

    What are the terms of the homeowners agreement in relationship to such areas of driveways? What's the exact granting language for the driveway easement(s)?

  3. #3
    Join Date
    Jul 2010
    Posts
    2

    Default Re: Maintenance and Snow Removal on Private Drive

    Our HOA docs are made of the "BY-Laws" document and the "Covenants a and Restrictions" document.

    The By-laws have a section titled "Payments from Maintenance Funds." The wording within says: "The Assiciation, for the benefit of lot owners shall collect assessment funds either on a monthly basis or as they deem necessary, to keep the common roadways, sidewalks, entrance-way, and common facilities in good repair. The cost of all such assessments shall be divided equally by all lot owners regardless of use." It does go on to say that any maintaince, repair of improvement over $5000 will need to be voted on by the members of the association.

    Within the Convenants and Restrictions document there is a "private driveway agreement" that states: "The owners, their successors and assigns of the private driveway agree to sign a driveway agreement stating that they shall enjoy the benefits of and be subject to permanent easement, as shown on the subdivision plat, for drainage, water, electric, and all other utility services, together with the use of the private drive constructed thereon to provide ingress and right-of-way and for ingress and egress of sanitary sewer maintenance and repair. The owner in title to the said lot shall from time to time elect on of their number to act as agent for the group to provide for the prior maintenance and repair of said private drive and embarkment when necessary, restore drive and embankment to original condition as constructed and including snow removal, weed and grass coating. Said agent shall assess all of said costs equally against said lot owners, who shall pay such charges to the agent within thirty (30) days after billing. Any unpaid assessments shall become a lien against any such lot in default upon certification by the agent to the Recorder of Hamilton County, Ohio. Such certification shall contain a description of the property, the name or names of the owner, and the amount of the delinquent assessment. Said lien shall remain valid for a period of 5 years and may be foreclosed by the agent on behalf of the lot owners."

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