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  1. #1
    Join Date
    Apr 2007
    Location
    VA
    Posts
    3

    Default HOA's Duties for Road Maintenance and Improvements

    Virginia
    I live in a subdivision with approximately 8 miles of gravel roads. Most residents are content with the roads other than with the a lack of maintenance. Both the deed restrictions and articles of incorporation are specific to "maintenance and repair"of the roads. The roads are owned by property owners. The responsibility of carrying out the maintenance is placed on the HOA with operation and management given to a board of directors in the bylaws. The current board is intent on redeveloping the roads and it seems held back on maintenance to support a need for such development. Is the HOA board in position to further develop the roads in the subdivision?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: HOA's Duties for Road Maintenance and Improvements

    If the HOA isn't living up to its contractual duties, the affected homeowners can consult a real estate lawyer about the possibility of bringing a legal action to compel road maintenance, or about the possibility of performing the work themselves and seeking compensation (although I would not suggest doing that without clearing it first with a lawyer).

  3. #3

    Default Re: HOA's Duties for Road Maintenance and Improvements

    How long has this subdivision been in existence? What is the past history for road maintenance and how much is budgeted for its maintenance and or road developing? There should be itemized costs within the HOA financial statements for maintenance and possibly a projected development cost. This matter should be brought up in an HOA meeting so that the question is addressed. The HOA monies belong to all of the property owners for their common good. There should be funds in a reserve account if it is determined that the roads will require money now rather than later. If there is a property management company, they should get bids for various types of repair or partial development (a mile per year??), as a starting point for discussion. If there's no money, then you all need to vote on a special assessment to do the job, again based on some bids. You all need to lay it out on the table and discuss it in the open so everyone understands the issues. Maybe it will turn out that there are priority items that are on the drawing board (tennis court?), and the road development has taken a back seat. Whatever. So present the question, put it on the agenda and get the facts.

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