Recent content by Dave L

Thank you very much for your response. California Code, Civil Code - CIV § 5805 would seem to clear things up regardless of who actually owns the road. I mention that because 5805 says, "common area owned in tenancy-in-common". The association doesn't hold title to any land, the road is...

So the members, those who don't own the land but use the right of way to access their home and pay to maintain the road, are liable up to $2,000,000? Is this collective for all the homeowners or for each homeowner? It seems odd, and I know that laws don't necessarily make sense, but that the...

Yes, I read through this and as I read it at the end of the day, as long as the board is volunteer, acts in good faith and doesn't break any laws, the members and board are limited in their liability to the $500k insurance policy. I'm not talking about the fiduciary responsibility of the board...

The road association has a "right of way" over the home owners land. Does that entitle ownership to the road association? Or would it work the other way around and entitle ownership of the road to the individual home owners whom relinquish right of way? Do you think it would be necessary...

The land underneath the road is owned by the different home owners who live along the road. The road surface itself is, I guess, owned by the association as the home owners aren't allowed to dig it up nor are they individually responsible for maintaining it. I never considered ownership of the...

I am a member of an unincorporated non-profit road association by virtue of owning my home. The CC&R's are on the property establishing the association. I have lived here for more than 20 years and we periodically seal and perform other maintenance and repairs to the road with the costs being...