maintenance of private road

[terrianne]

There are 5 home sites on a sub divided property. All lots are on a private gravel road. The covenants in our deeds state that we are each responsible for a perentage of the roads maintenance. The first property (undeveloped land) is responsible for 10%...the last piece (also undeveloped land) is 33%...the rest of us don't have a specific %. In February the road needed $3,100 worth of maintenance. The owner of the last property refuses to pay his share. The rest of us paid his share. Now we want to know how we get our money back from this person. We are also concerned with what could happen when there is more maintenance needed. The owner is a manipulating bully that will try to avoid paying anything. HELP!:

 

[jordan]

I think that there are servicing agreements in a subdivision. Is there one? If so, what does it say?

 

[terrianne]

in our county, 5 homes with acreage on a private gravel road doesn't fall under any kind of sub division guidelines. A couple bought 25 acres and divided it into these 5 parcels...and we live out in the country with few restrictions. Unfortunatley, this road maintenance wasn't spelled out very well in the covenants of the deeds.

 

[jon_]

Originally posted by terrianne:
in our county, 5 homes with acreage on a private gravel road doesn't fall under any kind of sub division guidelines. A couple bought 25 acres and divided it into these 5 parcels...and we live out in the country with few restrictions. Unfortunatley, this road maintenance wasn't spelled out very well in the covenants of the deeds.

What does it say in the deeds? (I'm assuming you know what they say because they are filed.) I'm curious, why won't owner #5 pay the maintenance and who does he expect to perform maintenance on the road? Does it say anything about how there is a determination of maintenance needed on the road? This sounds like there are a lot of really specific things that could alter the outcome.

 

[terrianne]

The road is addressed in the covenants attached to the deed...it states that all 5 homeowners will share in the cost of thr roads maintenance...all maintenance will be determined by a majority vote of the homeowners. Owner #5 refused to pay because the road was not being graveled the way that he thought it should...and if he would ever agree, he states that he will only pay 22% of the cost. His deed specifically states that he will pay 33 1/3% as he is at the very end of the road...1400 feet. These people behave like school yard bullys.

 

[Michael Wechsler]

Don't know the specifics but that sounds pretty clear with regard to whether maintenance was justified and that there is power to carry it out. Does it state a specific process of how this is carried out after a majority vote? If the work was done in a reasonable manner it seems it would make for a difficult argument against...

 

[terrianne]

The other homeowners and we thought that we were right...now how do each of us get our money back from #5? We're concerned that if we just let this go this time, there will be a precident set for future maintenance and possible paving. And also, if he sells the new owners need to know their percentage. Thanks for your help.

 

[erika]

Originally posted by terrianne:
The other homeowners and we thought that we were right...now how do each of us get our money back from #5? We're concerned that if we just let this go this time, there will be a precident set for future maintenance and possible paving. And also, if he sells the new owners need to know their percentage. Thanks for your help.

Did you send him an attorney's letter that you will file suit against him and charge him with ALL your costs? How much money did the road maintenance cost? Sounds to me that if you don't hear back, you file suit and ask for attorneys fees, court costs, and everything else. Perhaps you can file a property lien? That will REALLY piss them off because they will have a problem selling the land.

 

[terrianne]

okay...so now how do all four of us couples file suit? Do we have to collectively hire an attorney for this, Or can we all together take him to small claims court? Or do we each have to file suit individually? The total cost of the road maintenance was $3,200.00. His share should have been $960.00. Thanks...

 

[Michael Wechsler]

Originally posted by terrianne:
okay...so now how do all four of us couples file suit? Do we have to collectively hire an attorney for this, Or can we all together take him to small claims court? Or do we each have to file suit individually? The total cost of the road maintenance was $3,200.00. His share should have been $960.00. Thanks...

This is a small claims matter which is good. You can always try to ask for your other costs in your complaint. FWIW, I think that going to small claims without an attorney is to your benefit as you might be perceived differently. Just my perspective and others may differ. When you go there to file ask the clerk regarding the rules. You may only need one person to sue on behalf of all, I don't know the specifics in this instance. If the defendant doesn't show, which isn't unusual, and you win (we hope! ) you should send a demand letter (follow the instructions on the back of the sheet which you receive with the award amount) via certified mail return receipt. If they sign and don't send you the money within a certain period of time, you might want to file a lien against their property as a judgment against them. Just because it is a small claims judgment doesn't mean you can't file a lien (I'm not sure here if you can on the land but definitely against the person). It should probably show up in the event they wan't to sell the land during a title check in the closing and you should hopefully get your money!

 

[terrianne]

Thanks...we'll proceed with the small claims and see what happens...I appreciate all of your help...

 

[terrianne]

We are now in a quandry...it has come to my attention today, that the original owners are divorcing and selling their house, and the 1st piece of property on the road has gone up for sale...they won't be building there after all. Since only the first property and the last property have specific percentages of responsablity for the road spelled out in their covenants, the others have not been written in stone...but they need to be! We will have new owners that have to know exactly. How do we get this resolved and how do we make these percentages a permanent part of the property deed? This should have all been done prior to closing on our propertys, however, three of our attorneys missed it! Thanks...

 

[Michael Wechsler]

Originally posted by terrianne:
We are now in a quandry...How do we get this resolved and how do we make these percentages a permanent part of the property deed? This should have all been done prior to closing on our propertys, however, three of our attorneys missed it! Thanks...

Ouch... this seems to be going to an area that is very specific and may be best left to those familiar with the local law and the many specific facts your case presents. Perhaps you may want to speak to your attorneys who took care of the closing...