charging fees for ingress and egress

Started by MikeT3 • 5 replies • 2332 views

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MikeT3 (Pennsylvania)
Posts: 13

Posted:

I travel 3 tenths of a mile over a hoa roadway to access a public road. Do they have the right to charge me. I live in pennsylvania. I'm not a member of thier hoa.

LindaC3 (Florida)
Posts: 526

Posted:

Mike-- go to your local zoning dept and make this inquiry as to the ingress/egress issue--- The HOA may have filed a perpetual right of easement with your county to allow persons to "cross" over... We have many of those easements here in florida to allow egress /ingress.....LindaC

JM2 (Oregon)
Posts: 439

Posted:

Hi Mike:

If it's a private road, they may have the right to charge you; you would be wearing out their privately-owned road without paying for its repair or replacement. Check your laws, and their plat or declaration to see if there is a public easement - or not.

J. Patrick Moore, CMCA

HaroldS1 (Arizona)
Posts: 314

Posted:

I am curious: How do they charge you or monitor usage? Is there a gate with an attendant? Is this your only outlet to the public road? Harodl

LucyB (California)
Posts: 4

Posted:

I would bet not. Usually there is ingress/egress rights granted as a matter of law and is spelled out on your deed. This is usually the case when it's a road adjacent property owner(s) need to use to get to the public roadway. I have this exact situation on my property. Check it out. And the County/State, depending where you live, have control over that. I'd go to your local County/State Recorder's office and check with them. Better to be informed and armed with the necessary info before some Control Freak association/board tries to collect.

Good luck to you.

CharlesW1 (Georgia)
Posts: 826

Posted:

Quote:

Posted By JM2 on 03/02/2007 3:41 PM
Hi Mike:

If it's a private road, they may have the right to charge you; you would be wearing out their privately-owned road without paying for its repair or replacement. Check your laws, and their plat or declaration to see if there is a public easement - or not.

J. Patrick Moore, CMCA

MikeT3,

HMMMMMMMM that is an unusual situation, apparently not all that unusual, LucyB seems to be familiar with it. (According to her post)

I guess I would recommend “digging” a little deeper, and finding out if the HOA can change for such a thing or not.

I would have to agree with much of the advice you have received thus far. If indeed this road is private, then I certainly could see where there could be a charge, (as mentioned ware-n-tare, maintenance)

The only way I could see how they would be able to charge a fee, would be to charge like the government does for the State thruway. I think its call the Easy Pass. You pay a set price, regardless of how frequent of how infrequent you travel the road. They would have to pay this “fee” yearly. If indeed it is a private road and certainly depending upon what the laws for your particular area states.

Since LucyB seems to know first hand perhaps she could post the exact procedure in which you can follow to resolve this same situation in your HOA.

Best of luck,

Keep us posted
Chuck W.

Charles E. Wafer Jr.

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