multiple condo. assocs. on one private road

Hello HOATalk.Com members,

I am a board member of a condo. assoc. and there are 3 different condo. associations using this road as access to their property. We are having major issues sharing this road:

1) only my condo. assoc. pays the road maintenance costs (such as plowing and pothole repair) on the first half of the road BUT all associations use this road to access their property.

2) we found an old road maintenance agreement from 20 years ago that states we are to pay 50% of fees for road maintenance and other assocs. are to pay 25% of all road maintenance costs. Does anyone know if this is legal if we pursue?

The issue is they are USING this road EVERY DAY but are not paying for it. And expect our Assoc. to pay for it solely because we are the first assoc. on the road.

Does anyone else have experience/knowledge/resources on this?

PLEASE HELP!

Many thanks in advance,
VERY frustrated,
KM, NH

As Steve posted you really should have an attorney handle this but the agreement is probably valid, enforcing it is another matter. You could also try looking up the easement in the county records. We were supposed to be one large development but the builders sold part of the property off to another developer but they have to travel through our COA to get to the other one. The easement spells out how the costs for road repair will be split.