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Road Dues for Private Road Association

Discussion in 'Homeowners Associations & Boards' started by Private Road Association, Jun 21, 2022.

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  1. Private Road Association

    Private Road Association Law Topic Starter New Member

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    Jurisdiction:
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    We are a Private Road Association that operates under Bylaws governed by a Board of Directors. The Association collects annual Road Dues to perform necessary road maintenance. When a resident's home goes into foreclosure, and is owned by the bank, is it possible for the Road Association to collect Past Dues from the Bank for the property?
     
  2. Private Road Association

    Private Road Association Law Topic Starter New Member

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    A group of cell tower operate on property that is accessed by a Private Road. The person who purchased the leasing rights to this land is not the same person that owns the land. When the leasing agent purchased the right to lease the land and collect rent from the Cell Towers, there was no mention of the Cell Towers or the Leasing Agent having to pay Private Road Association Dues. Is it possible for the Road Association to collect Past Dues from the Leasing Agent and/or Cell Towers when dues collection was not included in their lease contract?
     
  3. army judge

    army judge Super Moderator

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    I suggest you speak to your association's attorney for REAL answers regarding the association.

    That is the only way to know with legal precision and certainty, failing to do so could become very costly for the association.
     
  4. adjusterjack

    adjusterjack Super Moderator

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    Possible? Anything is "possible." The reality is that you aren't likely ever going to see any money from any of those places.

    Your beef is with the home OWNERS. I suggest you sue them in small claims court for the past due money.

    The Small Claims Court, A Guide to Its Practical Use - California Department of Consumer Affairs
     
  5. zddoodah

    zddoodah Well-Known Member

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    No you're not. I assume you're shareholders of this association (which sounds like it's a corporation).

    Presumably, this is done pursuant to CC&Rs that encumber each shareholder's property and/or contracts that each shareholder agreed to at the time of purchasing his/her/their property. Correct?

    In the abstract world of all that is hypothetical, yes, this is possible. Obviously, determining whether, in your particular situation, it's a possibility or reasonable possibility isn't something that folks who haven't read the relevant documents can determine.
     

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