Who decides when to initiate a shared expense?

If the cost was reasonable, appropriate, and necessary, then I think that the one owner can send a bill to the other 2 owners and indeed demand 2/3 payment.

If the cost wasn't reasonable, wasn't appropriate, or wasn't necessary, then it's probably up to him.

A judge would be the one to make the determination if it was reasonable, appropriate, and necessary.

I would not think a judge would award labor to a homeowner who is doing work.

I would think a judge would require documentation (receipts) that substantiate the owner's opinion of the cost that should be split.

In the case of a gate, it requires regular work and maintenance. If I was the gate-maintainer, I wouldn't want to have to have a discussion about whether the cost of 3 tubes of grease be approved prior to buying 3 tubes of grease to lubricate the gate. Or if I am the gate maintainer and I observe that the actuator is leaking fluid (made up example) and needs to be repaired, I wouldn't have to ask ahead of time whether I should have it repaired or not.

This is just maintenance that needs to be done, and it shouldn't be a complex process to get the maintenance work approved ahead of time.

What needs to be discussed ahead of time are optional upgrades. For example, one might want to install nicer clickers or RFID sensors to open/close the gate, or perhaps a smart phone based app. One might want to change out the boring aluminum to pretty wrought iron. One might want to replace the slow gate actuator with a speedy gate actuator. Those optional upgrades should be discussed ahead of time.

While I think the labor should be done for free as I posted above, one does not want to look a gift horse in the mouth. Professional gate labor is probably $100 - $200 / hour. If a homeowner is willing to do the work for $25/hr, I'd gladly pay him as opposed to a professional, assuming he is a competent and handy homeowner.

Thanks Tim. I just told him that yesterday. Going forward, if he doesn't alert us to the need for a repair and just goes ahead and pays, then it is on him. I also told him that we are willing to pay our respective 1/3s for everything in the past for which he can produce a receipt. So far he has submitted an expense report going back 19 years (that's not a typo) and totaling near $10K but has only one actual receipt for $800. We want to treat him fairly but it's going to be difficult to figure out an amount we should pay. Any advice on that?

This is my first time on this forum. You guys are great. Thanks again Tim and Michael!

Michael, absolutely agree with this. We have no issues with small regular repairs. And he also needs to keep up with reporting what he did so we can pay as we go. You'll see in my reply to Tim, his invoice goes back 19 years. We have no idea what's legitimate and what isn't.

Yes, $10K, and it's unclear if he intends to charge for labor until we see a full accounting.

-- Who is "we"? Yourself? The HOA? The three owners?

-- Can you please quote verbatim all the sections of your CC&Rs that speak to the maintenance and repair of the easement driveway?

-- Barring more information, with all the time that has gone by for some of this maintenance, the owner doing all this work might very well be barred by laches for collecting a lot of the money he claims you and the other neighbor owe.

-- On the other hand, you and the other neighbor both were aware that maintenance was being doing all these years, right? How could you never questioned how it was being paid for? Did you really have no knowledge, over 19 years, that someone was maintaining the easement driveway?

-- Regarding labor (for which he is trying to bill you): Maybe offer him a third of what he asks, explaining your reasoning?

-- As it sounds like you are leaning at least a bit: Strongly consider looking at this less from the standpoint of what the CC&Rs and statutes may say and more from the standpoint of what is a fair amount to pay. If what you want to pay is less than what this owner wants, is it maybe worth it to pay him what he wants? But then put in writing, with the three of you signing, an agreement on how maintenance needs will be determined.

-- Worst case: You pay him less than what he wants but the number seems fair. Then see if he lawyers up or goes to small claims. Though if this neighbor has any brains, the first step should be Internal Dispute Resolution (IDR). For info on IDR, see the davis-stirling.com site.

Thanks Augustin,

"We" meant all three of these homeowners who share the easement. There are 10 members of the HOA, but only 3 share this road.

Private Driveways
Section 5.06. The following Private Driveways, connecting one or more Lots to public streets, shall be maintained and repaired by the owners of the Lots served by such Private Driveways as indicated below, and not by the Association:
2) Subject to the right of such Owners to enter into an agreement establishing a different apportionment, the cost to maintain and repair the Private Driveway from Assisi Way/Damian Way to Lots 105, 106, and 107 shall be paid in equal shares entirely by the Owners of those Lots primarily accessed by said Private Driveway provided, however, that if any other Lot establishes access over said Private Driveway then the Owner of that Lot shall also bear an equal share in the maintenance and repair of said Private Driveway; and provided further that if any land outside the Property establishes access over said Private Driveway that the owner or owners of said lands shall also bear an equal share in the maintenance and repair of said Private Driveway. Said Private Driveway shall be kept and maintained in good paved condition, reasonably free of mud, dirt and debris, smooth and free of holes, cracks, bumps and other obstructions, and the surface shall be preserved in a condition which is safe, sound and passible for year round traffic in all weather conditions.

We made an offer today that I think does what you are proposing. It's less than he wants but I think it's fair. It's worth a try, and in the event he decides to go to small claims, I want to have made an honest effort to resolve this. And in the future these things need to be resolved within 90 days of any work being done. No reason to delay.

Thanks for the IDR referral. I'll look into that.

Who decided to install the gate? Do the owners own the gate or does the Association? Who owns the gate should determine the maintenance.

In looking at the area on the map, I would say that based on experience, a Private Street Agreement needs to be drawn up between the parties in questions and someone named as administrator to make sure that funds are set aside and repairs and maintenance are properly done.