road impact fees

Started by KarenP1 • 3 replies • 913 views

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KarenP1
Posts: 41

Posted:

I live in a single family POA where streets are plated easements over residential lots. the covenants state the association is responsible for maintenance of all platted easements. The by-laws state the budget is to be approved by the membership. Our homes are built by individual builders on contract with the lot owner. My board is imposing a "road impact fee" on the builder of any home, addition or large construction project. Nothing in our legal documents address this. Does anyone know of any legal basis for this? Of course the builder passes this cost on to the property owner is the estimate.

Thank you

JohnC46 (South Carolina)
Posts: 14,265

Posted:

It is not uncommon for an association to have "buy in charges" thus I can only assume they are within their rights.

KarenP1
Posts: 41

Posted:

Our covenants do not have buy in charges or any reference to road fees, building fees or anything of the kind. I would like to hear from others. thanks

SheliaH (Indiana)
Posts: 6,964

Posted:

If you want answers to legal questions, see a private attorney, as most of us aren't lawyers and what be be true in my state may not apply to yours.

Do your bylaws give the board authority to enact additional rules, provided they don't violate the Bylaws or CCRs (most do, so double-check yours). It may be this fee has been enacted because when you have trucks with heavy equipment and supplies going back and forth to the building site, there's more wear and tear on the streets and thus more repair and repaving sooner may be necessary. As you know, none of that is done for free, nor is it cheap.

You didn't say how long this fee has been around - if you've moved in recently and have now become aware of it, talk to the property manager or the board about its history and how long the rule has been applied. If it was enacted properly and is applied fairly, this may be something you'll just have to live with.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

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