Happy Thanksgiving with some ?????

Mike,

I'm thinking this road is your only means of access to your property, which means your property most likely has an easement for the roads. So, if you use the roads there is no reason why you should not have to pay for the maint, etc. However, I would strongly object to paying the same assessment as the members of the HOA. I would insist on seeing an invoice for the maint and I would pay my fair share of it. You may have to go to court over this.

BTW, the HOA may not own the roads which is why you could not find deeds for them. However, they may be easement areas that the HOA is resp for maintaining. Since your property is within the bounds of the HOA your portion of the road is included. If your property was located outside the bounds of the HOA the city/county would probably be maintining the road!

When the developer conveyed the roads instead of 100% he conveyed lets say 80%, and now the new association refuses to claim all the roads because the developer never recorded all deeds to the roads within the development. Its one development but 3 sections. So the developer actually still ownes some roads, but the developer relinquished all rights and wants nothing to do with anything. So i am in limbo. The new association sued for control. Does that mean they should correct the wrong that the developer has made? Pa sites chapter 68 uniform planned community act. Seems to me it was never followed according to what I read.

Mike,

Have you taken a look at section 5210 -- Plats an plans? This statute gives all the info that should be specified in the plat. You should be able to look at the plat as see if your road is a part of the HOA.

Are you a member of the HOA? Also if the developer wants nothing to do with the HOA has the board thought to ask him to deed over the remainder of the roads to the HOA?

Mike as John so succinctly put it you need the attorney I assume you didn't have when you purchased the property to explain your rights and responsibilities. Your deed will say whether or not you have to be a member of the HOA and what your easement is. I would imagine that the HOA cannot stop you from accessing your property nor can they require you to pay to do so, however that still leaves who is responsible for the road maintenance in front of your home. It may be you, it may be the HOA, it may be the developer or it may be the county. One thing is certain who ever it is will not want it and will try to make someone else responsible so bite the bullet and hire an attorney.