Road Dues for Private Road Association

[Private Road Association]

Jurisdiction

California

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?

 

[Private Road Association]

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?

 

[army judge]

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?

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?

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.

 

[adjusterjack]

is it possible for the Road Association to collect Past Dues from the Bank for the property?

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?

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

 

[zddoodah]

We are a Private Road Association

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

The Association collects annual Road Dues to perform necessary road maintenance.

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?

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?

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.