Road Damage during new construction

My initial thought might not be what you want to hear.

If what you have is "suggestions from someone" and not part of any CC&R, Bylaws, nor Rule and Regulation that the property owner "signed and acknowledged" then lets us hope no damage is done to the road because if it is, the association is out of luck.

Of course, I could be wrong and it would not be the first time I was. Ask my wife.....LOL

I'm assuming you have written the homeowner regarding the C&R and he wrote you back stating what the builder said. The builder is responsible for the damage. Write the builder a letter and ask if he is licensed. Also in the letter state the C&R and ask for a copy of the bond give him x number of days to respond. (See what he says). You can check with the State to see if he is licensed and they should have his insurance information. Also write the homeowner or send him a copy of the builders letter. Also check with municipality Engineers they may be able to help if this builder is overloading his vehicles. You could also put a claim in under the builders insurance policy for property damage after you obtain at least 2 estimates. Hopefully the homeowner has asked this builder for a certificate of insurance, ask him for a copy. In time this could become a court case so make sure you get everything in writing. These are my suggestions. Good luck.

I agree with Tim. The owner not knowing isn't a reason to not abide by the rules.
Demand the bond by a certain date. If you don't receive it, use legal means to stop construction until you do have it.

Hmmm... with one vacant lot left in our association and it being on our shared private road, I think we might want to look into such an amendment ourselves.

It would not surprise me to learn that city/county/state roads are designed for heavier loads than the private roads of an HOA. I know our private roads are not designed to the same standards as public roads which is why they will remain private. They cannot be turned over to the town, even if the membership votes to do it, unless they are upgraded first.

Becky your insurance company can explain bonds, check with them.

Assuming that the roads are private and the HOA is responsible for the upkeep and maintenance of them, then you need to read your CC&R's carefully. Ours for instance allows the HOA to make a "Special Assessment" to the homeowner to repair damage to the common elements. You need to document all of the damage as it occurs.

John it is actually in our documents in several places but this is the most comprehensive:

Compliance with Covenants, Conditions and Restrictions. Every Unit Owner shall comply strictly with the covenants, conditions and restrictions set forth in this Declaration, with the By-Laws of the Association and with the Rules and Regulations in relation to the use and operation of the Condominium, the Units, the Common Elements and the other Condominium Property. Failure to comply with any of the same shall be grounds for an action to recover sums due, for damages, or injunctive relief of all of them, as provided by Section 5311.23 of the Ohio Revised Code. In any case of flagrant or repeated violation by a Unit Owner, he may be required by the Association to give sufficient surety or sureties for his future compliance with said covenants, conditions, restrictions, By-Laws, Rules and Regulations.

Violations of the covenants, conditions, or restrictions shall be grounds for the Association or any Unit Owner to commence a civil action for damages, injunctive relief, or both, and an award of court costs and reasonable attorney's fees in both types of action. Any and all expenses incurred by the Association in enforcing any of the terms and provisions of the condominium instruments, including reasonable attorneys’ fees to the extent permitted by Ohio law, may be levied as a special assessment against the Unit Owner in question and his or her Unit.

Yes it has been used several times to my knowledge, once when the child of a H/O gave a key to the exercise room to their friends and the friends wrecked it throwing a party. Another time when a drunk homeowner to show his displeasure tore up the lawns doing "donuts" in his car.

We also may assess Owners for clean-up or repairs to the common areas caused by them, their lessees, guests, employees, etc. We have, indeed, done this via proper procedures. Most recently, an Owner rapidly backed her car into our automatic entrance gate--cost about $1,000 to repair. Another time an owner's adult son & a friend got into a scuffle in an elevator vestibule damaging a door frame & an emergency permanent sign.

The original poster is long gone from this forum, so I don't think we will ever find out.