GordonP2 (Oregon)
Posts: 2
Posts: 2
Posted:
Good morning! I'm posting 2 unrelated items, of which this is #2.
I live in a development of 15 homes which are in a developer-created HOA incorporated as "Shade Oaks Development Association" 50 years ago. Administration of the HOA passed to the residents in the 1970s. With changes in homeowners and the passage of time, as well as the closing in the 1980s of the only commonly-held asset, a swimming pool, the HOA was left to expire when no one paid the annual fees to the state for 5 years. It was reincorporated in 1999 to deal with a leaching field issue and then left to die again a year ago. There is no desire among homeowners to reinstate.
The development was created with a common septic leaching field for 6 of the lots, situated on a property owned by none of them (!!). I have negotiated the necessary (and currently nonexistent) easement that is required but that no one ever considered.
There is, however, no written or oral understanding as to the mutual responsibilities, financial or otherwise, among these homeowners, for maintenance, repairs, and responsibility for fixing damage caused by a specific user.
This arrangement could blow up big time in the case of a failed field or even a lesser issue. I am writing as one of the parties involved, who sees a need to get all of this formally on paper. The other parties seem never to have considered this a potential problem, though the field in question is approaching 50 year old (!)
Does anyone possibly have a sample contract for such a situation? Any particular advice? Of course, I'd like to jeep legal expenses, if any to an absolute minimum.
I live in a development of 15 homes which are in a developer-created HOA incorporated as "Shade Oaks Development Association" 50 years ago. Administration of the HOA passed to the residents in the 1970s. With changes in homeowners and the passage of time, as well as the closing in the 1980s of the only commonly-held asset, a swimming pool, the HOA was left to expire when no one paid the annual fees to the state for 5 years. It was reincorporated in 1999 to deal with a leaching field issue and then left to die again a year ago. There is no desire among homeowners to reinstate.
The development was created with a common septic leaching field for 6 of the lots, situated on a property owned by none of them (!!). I have negotiated the necessary (and currently nonexistent) easement that is required but that no one ever considered.
There is, however, no written or oral understanding as to the mutual responsibilities, financial or otherwise, among these homeowners, for maintenance, repairs, and responsibility for fixing damage caused by a specific user.
This arrangement could blow up big time in the case of a failed field or even a lesser issue. I am writing as one of the parties involved, who sees a need to get all of this formally on paper. The other parties seem never to have considered this a potential problem, though the field in question is approaching 50 year old (!)
Does anyone possibly have a sample contract for such a situation? Any particular advice? Of course, I'd like to jeep legal expenses, if any to an absolute minimum.