Property Owner's Association vs. POA - Road & Common Area Expense

Started by CurtisJ1 • 7 replies • 1218 views

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CurtisJ1 (Delaware)
Posts: 3

Posted:

The development was constructed in five phases. Originally each phase had separate covenants and regulations with provisions for separate boards. Four of the five phases agreed to form one POA, called REPOA. One phase, Phase III, opted not to join.

Phase III is near back of the development. Therefore, the same is forced to use the REPOA's roads (approximately 1 mile), entrance (not guarded), and the mail house / facility. REPOA has requested Phase III for monies on a percentage basis to pay for Phase III's use of REPOA's facilities.

The majority of the Phase III board members have refused to pay any sum of money, citing the Phase III covenants limit the use of funds to roads, common areas, entrance and snow removal. Please note; Phase III does not have a dedicated entrance. The same is a Phase III road joining a REPOA road. The claim of the Phase III board members is Phase III is not obligated given Phase III maintains the Phase III roads.

One cannot discern any division within the development. The develop has one entrance (covenants prohibit the creation of additional entrances) that serves the entire development.

Is Phase III obligate to pay for a portion of REPOA's facility repair and maintenance?

DouglasM6 (Arizona)
Posts: 724

Posted:

Quote:

Posted By CurtisJ1 on 08/15/2017 10:00 AM
The development was constructed in five phases. Originally each phase had separate covenants and regulations with provisions for separate boards. Four of the five phases agreed to form one POA, called REPOA. One phase, Phase III, opted not to join.

Phase III is near back of the development. Therefore, the same is forced to use the REPOA's roads (approximately 1 mile), entrance (not guarded), and the mail house / facility. REPOA has requested Phase III for monies on a percentage basis to pay for Phase III's use of REPOA's facilities.

The majority of the Phase III board members have refused to pay any sum of money, citing the Phase III covenants limit the use of funds to roads, common areas, entrance and snow removal. Please note; Phase III does not have a dedicated entrance. The same is a Phase III road joining a REPOA road. The claim of the Phase III board members is Phase III is not obligated given Phase III maintains the Phase III roads.

One cannot discern any division within the development. The develop has one entrance (covenants prohibit the creation of additional entrances) that serves the entire development.

Is Phase III obligate to pay for a portion of REPOA's facility repair and maintenance?

Before the merger, did each of the phases maintain their own roads? If their Covenant says they are to maintain their roads only, their hands are tied. They would have to rewrite their covenants to assist in maintaining the roads in the other phases.

The mail house may be a different scenario. They should be paying their part of that, as I see it.

CurtisJ1 (Delaware)
Posts: 3

Posted:

Douglas, thank you for your feedback.

Yes, each phase maintained their roads. In fact, each phase within the combined association is governed by the original covenants as originally written each phase, i.e. no master covenant was adopted by the combined associations. So, the REPOA board has to address each phase (except phase III) according to the governing covenants for the individual phase for which an issues is being addressed.

Question: Would Phase III be obligated under any easement laws to the combined POA?

DouglasM6 (Arizona)
Posts: 724

Posted:

I really think you need to talk to an attorney on this.

I know it seems like "if they are not contributing to the maintenance of the roads of the repoa they use to access their roads, we can close off their access". Don't try it.

My question to phase III would be why not join? Did everyone's assessments go up? If not, then it seems to me the other phases will be maintaining their roads, as a group doing them all now, and Phase III will be doing theirs alone. Nothing really changed.

Do you have the reasons they elected not to join?

CurtisJ1 (Delaware)
Posts: 3

Posted:

This issue dates back to 1997. I have never been given a clear explanation. We purchased in Phase III about 4 years ago.

Fees are the same for both POA's.

The point of contention from some members of Phase III is Phase III is not obligate because of the Phase III covenants which aligns with some of the previous reponses. In addition, Phase III sights poor financial oversight by REPOA.

DouglasM6 (Arizona)
Posts: 724

Posted:

My gut says they can't force you to join and they can't do anything to block access to your roads either. However, the mail house may be a different story. If I were in your shoes I'd be talking to an attorney.

Instead of those other four hoa's having their own BOD's they CHOSE to become one and have one BOD.

DouglasM6 (Arizona)
Posts: 724

Posted:

Not sure why I'm the only one responding................hmmm.............

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Is this not like the condo owners on the first floor not wanting to pay for the elevator as they do not use it?

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