scare tactics

Sorry, your post is a bit confusing. Not understanding the situation. I don't get why septic tanks have anything to do with paving a road? There's alot of details that are left out that may give some posters here with experience a better view of the situation. I am sure you can find some help here, if the situation was clearer.

Here's some questions to help: Are the roads owned by the HOA? Where are the septic tanks located? Has their been a meeting on this and with who? Is the assessment being divided amongst all the owners. (10 lots $100 a piece for a bill of $1,000.) What is the need and overall purpose for this road access?

BB2: There appears to be a lot that is not stated in your post. Bear with me as I pose many questions. Are you part of an actual Homeowners' Association (HOA) with official documents (CC&Rs) recorded which govern how the Board is to lead/manage the community of residents? If so, how old is it? Has the developer 'transitioned' the association to the residents? Do you have a Property Manager?

Is the 'road' in question deeded to the community association for repair and maintenance (it would be stated in your documents as a capital reserve item) or is it the responsibility of the local municipality? If the road is not 'owned' by the HOA why, then, would the Board choose take on the responsibility to fund the blacktopping by assessing homeowners?

JOEW1, I was trying to understand what the use of threatening Septic tanks and paying for a road have in common? I wouldn't think threatening to check my septic system would be a scare tactic when it came to paving a road. It's like apples and oranges to me. I wouldn't care if someone threatened to check my septic or else. Doesn't make sense the connection unless the septic systems were located near or at where the road is being paved at. That would ruin a septic system for cars driving over it.

The above posters questions are really good. The definition of your HOA is a mystery at this point. Understanding your HOA's setup would shed alot of light on this situation. Some HOA's do own their own roads while others are maintained by the City/County. It is sounding like a combination of both here. Maybe add a few more details just so we can see the big picture. Thanks!

Gee whiz, No I don't? Seems to me the poster is saying the HOA is threatening to inspect people's Septic tanks if they don't sign the paperwork to approve the special assessment for the roads. Or maybe I missed the point of this person's use of "Scare tactics"? I am trying to find why that would be a scare tactic since there SEEMS nothing in common between the two. Thanks for clearing things up with pointing out again the non-connection. It wasn't clear the first 2 times it was requested the original poster explain a bit better.

Sounds like everyone should hook-up to city sewers before a new road is laid. I'd beat 'em to the punch and call in the inspectors to check out my own system. Or at least a qualified professional.

You know John and Michele, you BOTH may be right on this issue. Since we don't have enough details from the original poster the connection between the roads/septic threat, that it may be that the neighbors are wanting a sewer system installed.

That road may be needed to be blacktopped because the city won't put them on their sewer system if they don't have paved roads. I've seen where the city/county has made it mandatory to put in paved roads so the people could get proper utilities. I wonder if this is one of those cases?

I do have a septic tank which I didn't know I had. My neighborhood is older. It's had some septic tank issues through-out the past few years. I am sure that if someone wanted to spear head a campaign to get us on City Sewage they would. However, that would mean an expense to each homeowner. The utilities won't do just a few houses, they have to do ALL the houses with that option.

That's exactly what the water company did in our HOA to put us on separate water meters. ALL 107 homeowners had to agree and pay $350 EACH to get their own water meter, there couldn't be one hold-out.

I think John and Michele you two pretty much hit the nail on the head on this situation, I am just tapping it in!

A leaking septic system is an unhealthy condition. Why would anyone want to live with that? Spend the money on your septic system if it needs repair and take away their leverage. Unless of course you want the road and want others who don't want it to pay.

Yeah well, I disagree. Remove the fear and it's no longer scary. It becomes a useless tactic.

a few.

I agree with JohnC and others there up to the point of "not paying the assessment." I would protest this completely up to the point of payment - and then pay the costs associated and then continue protesting. Once you have refused payment, you are opening up exposures that are in violation of your governing documents. If the board, or "powers that be..." fail to enforce the governing documents as appropriate (different assessment for different levels of lot ownership, etc), then this is also a point where you can protest and garner support from the courts.

As for the "septic tank" comments - really who cares what a threat is, if it is not enforceable, or can be executed? We all know that there are monetary fines for speeding down the local highway (threat), but we do it anyway. If we do not want to get a speeding ticket - then don't speed - if your tank is current and operating properly, there is no threat to you, that can be levied by the HOA.

BB2: Further, to my prior post, if the road is not the association's responsibility, I wonder why and how the Board even got involved. It may be just a matter of the homeowners who want it, to settle the matter among themselves, work with the county or whoever owns the road, get the contractor and pay him to do it.

TracyT: I don't believe any Association's Board can levy a 'special assessment' or even an 'assessment fee' against residents to fund a project which is not the association's responsibility to fund.

But, until the poster explains further, we really don't know how it got to this point.

If the HOA doesn't own anything and there are no resrictions what is the dues money used for?

BB2: You have not posted your role in your community and whether you are a Board member or one involved in the project to assess other homeowners....
actually, you have not posted any of the official writings of your association, and that is what is needed to know how to proceed.

However, again I repeat, homeowners CAN BE assessed all the Board wants to assess for road maintenance; however, IF the documents DO NOT state that the 'road' is part of the association's responsibility, the 'assessment' carries no weight.