Street Repairs

Started by JohnM15 • 8 replies • 2241 views

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JohnM15 (Florida)
Posts: 7

Posted:

Road repair/replacement cost are part of my county's tax budget. My county does not repair/replace the streets in gated communities. We, as gated community residents pay our county realestate tax at the same rate as non gated community residents but we are not entitled to a reduction of our realestate taxs due to the lack of these services. Our HOA board members tell me that the county's defense of this issue is that we are not forced to live in a gated community "ie" no one held a gun to our head to live here.
Also, resently the county operated water authority (which we our billed seperately for) notified our HOA that the annual flushing and pressure testing of our fire hydrants will now be at my HOA's expense. What will be next?
Question: Are these issues with gated communities a nation wide COUNTY practice? Thanks John

DavidW5 (North Carolina)
Posts: 565

Posted:

I don't know this first hand but from what I have read elsewhere some states and counties (Pa.? or NJ?) have laws that provide for a reduction of property taxes to HOAs for the services the gov't doesn't have to provide. Perhaps others here can provide the specifics. I sent an inquiry on this subject to our County Supervisor's office here in Va. The reply I received was that no such reduction was provided in Va.

Dave

JanM (Texas)
Posts: 142

Posted:

I have often wondered the same thing. I also live in a gated community and we repair/replace our own roads. We also have a volunteer FD in our neighborhood so they have the means to flush the hydrants. But the way I look at it is, I drive on the roads outside of the gate all over the county. BTW, I am no fan of paying taxes, and technically their is no law saying you have to pay taxes but you could lose your *ss if you don't. Go figure...

Jonathan (New Jersey)
Posts: 14

Posted:

here is a link to some law in New Jersey regarding this issue...

http://www.njlawblog.com/2006/07/articles/community-associations/is-your-association-receiving-the-benefits-of-the-municipal-services-act/

PaulM (Pennsylvania)
Posts: 1,347

Posted:

David: no such reduction exists in PA, however, it does in NJ.

RogerB (Colorado)
Posts: 5,067

Posted:

It is my belief that homeowners who chose to live in a gated community have chosen to pay for the added costs involved for the related privacy. For most states/counties/cities it is not worth the cost involved to adjust tax rates on roads for the small percentage who live in gated communites. The adjustment may not be much since those owners when one considers they also can use every public road.

JoeW1 (New York)
Posts: 728

Posted:

RogerB - Ever heard of double taxation? In New Jersey qualified private hoa/coa communities in NJ whether gated or not, regardless as to the width of their roads are entitled to reimbursement from the nj borough for the borough's cost for snow removal, street lighting. As for the repair and eventual replacement of the roadways these costs are typically built into the hoa/coa's budget. That's not to say it's fair or unfair the borough doesn't share some of the burden of reimbursement to the hoa/coa. I don't think an NJ hoa/coa has legally set a precedent for reimbursement of repair and replacement of the private roadway.

Pursuant to the Municipal Services Act, N.J.S.A. 40:67-23.2 to -23.8, every municipality in New Jersey is required to either provide certain services to each qualified private community within its borders or reimburse the community for these services, including the removal of snow, collection of trash or recyclables or lighting of roads and streets. The purpose of the Municipal Services Act is simple – eliminate double taxation of community association residents.

http://www.njlawblog.com/community-associations- is-your-association-receiving-the-benefits-of-the- municipal-services-act.html

JM2 (Oregon)
Posts: 439

Posted:

Hi John:

In many Oregon HOA's there are private streets, for which the HOA pays into reserves to maintain. However, most of those private streets are not built to city or county standards; most are narrower, and built to conform to the Uniform Fire Code with respect to parking, emergency vehicle turn-arounds, etc. to provide emergency vehicle access per law, but do not exceed that code. These are not necessarily gated communities; my understanding is that in Oregon you cannot put a gate on a public street, so all interior streets in a gated community would have to be private.

J. Patrick Moore, CMCA

GloriaM (North Carolina)
Posts: 829

Posted:

Quote:

Posted By JoeW1 on 06/25/2007 4:17 PM
RogerB - Ever heard of double taxation? In New Jersey qualified private hoa/coa communities in NJ whether gated or not, regardless as to the width of their roads are entitled to reimbursement from the nj borough for the borough's cost for snow removal, street lighting. As for the repair and eventual replacement of the roadways these costs are typically built into the hoa/coa's budget. That's not to say it's fair or unfair the borough doesn't share some of the burden of reimbursement to the hoa/coa. I don't think an NJ hoa/coa has legally set a precedent for reimbursement of repair and replacement of the private roadway.

Pursuant to the Municipal Services Act, N.J.S.A. 40:67-23.2 to -23.8, every municipality in New Jersey is required to either provide certain services to each qualified private community within its borders or reimburse the community for these services, including the removal of snow, collection of trash or recyclables or lighting of roads and streets. The purpose of the Municipal Services Act is simple – eliminate double taxation of community association residents.

http://www.njlawblog.com/community-associations- is-your-association-receiving-the-benefits-of-the- municipal-services-act.html

I just love New Jersey!

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