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The Water Cooler
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Neighbor Woes on a Private Road: Part 2
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<blockquote data-quote="-Pjackso" data-source="post: 3371017" data-attributes="member: 8119"><p>ZG,</p><p>Is there a HOA agreement tied to everyone's property on this road? Usually with private roads, there's a HOA for the purpose of road maintenance. Even if the HOA is rarely used - only when needed, it's a legal means to tie his property to the costs of maintaining the road.</p><p></p><p>Yeah, we all know he won't pay - but...</p><p>If you improve the road - and he has the option to use it (read: you don't block access to it) - then just file a property lien for his share of the unpaid expenses. He probably won't pay you now - but at some point he can't sell/refinance/transfer the property without paying off all liens against the property. AND you can accrue 10%(?) interest on unpaid fees. (Verify the %, but that's some dang good ROI in today's market.)</p><p>Over 10-12 years - that compounding interest really adds up!</p><p></p><p></p><p>I think you've got the right approach. See if the city can help resolve the problem.</p><p>If not, get an attorney to review options - and contemplate a way to place liens against his property, since you're doing the work anyways.</p><p></p><p>If you need an attorney that specializes in HOA stuff, I think one of my neighbors is in that business.</p><p></p><p></p><p>My sincere apologies. This really sucks for you.</p><p>I hope you find a way to resolve this and get your sanity back.</p></blockquote><p></p>
[QUOTE="-Pjackso, post: 3371017, member: 8119"] ZG, Is there a HOA agreement tied to everyone's property on this road? Usually with private roads, there's a HOA for the purpose of road maintenance. Even if the HOA is rarely used - only when needed, it's a legal means to tie his property to the costs of maintaining the road. Yeah, we all know he won't pay - but... If you improve the road - and he has the option to use it (read: you don't block access to it) - then just file a property lien for his share of the unpaid expenses. He probably won't pay you now - but at some point he can't sell/refinance/transfer the property without paying off all liens against the property. AND you can accrue 10%(?) interest on unpaid fees. (Verify the %, but that's some dang good ROI in today's market.) Over 10-12 years - that compounding interest really adds up! I think you've got the right approach. See if the city can help resolve the problem. If not, get an attorney to review options - and contemplate a way to place liens against his property, since you're doing the work anyways. If you need an attorney that specializes in HOA stuff, I think one of my neighbors is in that business. My sincere apologies. This really sucks for you. I hope you find a way to resolve this and get your sanity back. [/QUOTE]
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Neighbor Woes on a Private Road: Part 2
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