HOA Private Road Agreement

Started by AndersH • 3 replies • 1857 views

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AndersH (Arizona)
Posts: 30

Posted:

I am a former board member and now "A Historian" for a 108 Condo Community in Arizona. A Mortgage Loan Officer with UsBank is asking for our HOA Private Road Agreement. We have one street 1/2 mile long which the Association owns and maintain. I have not come across anything in our community covering "HOA Private Road Agreement" Our CC&R's reads in part of ARTICLE V, MAINTENANCE AND REPAIR OF COMMON ELEMENTS AND UNITS.
5.0 Duties of the Association. The Association shall maintain, repair and make necessary improvements to all Common Elements. Without limitation, the Association shall be responsible for maintaining the exteriors of all Residential Dwellings, private streets and drives, privacy gates, parking areas, sidewalks, landscaping, lighting and light fixtures in the Common Elements, and recreational areas, if any.

My questions:
1. Do we need a "HOA Private Road Agreement" as the street maintenance, repair and improvements are covered by the Association?
2. In what situation is a "HOA Private Road Agreement" used?

Any help on this will be appreciated.
Best regards,
Anders

RichardP13 (California)
Posts: 3,868

Posted:

Where I used to live we had in place a Private Street Agreement. It is not in the heart of a $20M lawsuit against the Association.

You generally won't find it with the CCRs, although you might, unlikely, find it as an amendment. Where you might find it is attached to the title and each homeowners grant deed with the legal description.

In our case the street was owned and maintained by the Association built just before us. Once our Association was completed half of the affected street was legally turned over to the Association affected, to maintain, repair and insure through a Private Street Agreement.

TimB4 (Tennessee)
Posts: 21,061

Posted:

Anders,

The mortgage company that asked us for an agreement was fine with the CC&Rs (when we pointed out that section). We have similar language as your document.

My suggestion, send a copy of the full CC&RS. Highlight the title of the section and the words "private streets and drives".

Include a cover letter (or email) that says the private road agreement is part of the Declarataion of Covenants, Conditions and Restrictions (copy attached). The specific section is Article 5 Section .....

AndersH (Arizona)
Posts: 30

Posted:

Thanks RichardP13 and TimB4.
Best regards,
Anders

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