We live in a small sub-division in rural Iowa. There are 6 acreages in the sub-division, with the first house built 13 years ago and the last one 2 years ago. There is also a covenant that all homeowners were provided by the developer, but we have always operated with an informal homeowners association -- for care of a shared roadway mainly. This roadway runs through the edge of every property in the subdivision and is stated in the covenant that there is an easement for the roadway and it is the shared responsibility of the homeowners to care for the roadway (it is a gravel/rock roadway and needs additional rock every couple years, plus snow removal in the winter).
Our issue is that the last house built is also the first plot in the subdivision and all other owners must pass through the easement on that property to get to our homes -- and the new owners of that lot do not want to work with the other homeowners. It started with them saying they would not pay for any rock put on the road by the company we were using. This company put rock on their driveway and they were not satisfied and sued them. So, we asked them to get another bid -- which they did, for only the portion of the roadway passing through their property. The disagreement has continued and for over a year and half, not maintenance has been done on the roadway -- which means we have large pot holes, mainly in the section through their property. What has happened is drivers coming in and out (UPS delivery, visitors, and the existing homeowners) have driven to the side of the roadway onto the grass in that section, which is very narrow (14 feet wide). So, these folks decided they did not want anyone driving on their grass and put up full-size metal fence posts at the edge of the roadway across their property. The posts are about every 6 to 8 feet, so you cannot get off on the shoulder at all -- and the roadway is not wide enough for two cars. It is very dangerous at night, because you can't see the posts and we have lots of deer in this rural area. We have been told by our county officials that even though this is dangerous and not what the county outlines for private roadways, it is up to the homeowners association to handle -- which could mean filing a lawsuit.
Any suggestions? Do we need a formal HOA to proceed with this, or is there a way with 5 out of 6 homeowners voting to revise our covenant? (The current covenant does not stipulate the width of the easement or roadway -- or restrict fencing that close to the roadway). This is the country -- and we want to get along with neighbors, but making their grass and choice or rock companies more important than safety and the people who live here is nuts!! HELP!

