JohnM102 (Arizona)
Posts: 24
Posts: 24
Posted:
About 16 months ago, a recently elected Board member, basically ruined a private road below his property so his pool contractor could have easier access to his back yard. Since this involved the use of heavy equipment on the road which was still waterlogged, the asphalt is crumbled, rutted and unusable. The owner never asked for permission to use the road and continued using the road after he was told to stop using it.
The private road was originally constructed by the developer to allow owners below the road access to their lots. So far none of the lots are developed but two lot owners want to begin construction but can't until the road id repaired. At the end of last year, the owner that damaged the road told the owners of the road he or the contractor would repair the road. To date, neither the contractor nor the owner have initiated any action. At our last Board meeting when the issue was raised, the Board denied any responsibility for the road and appears uninterested in doing anything. While I agree the association has no financial responsibility for the road, they are still responsible to ensure the owners of the road keep it in a usable condition.
My question is should any board members directly involved in the undermining and repair of the road continue serving on the board? I believe, at a minimum, any board members involved should be excluded from discussing this matter. I actually believe they should be removed from the board because even if prevented from participating in conversation they will still try to convince the board it isn't their responsibility to take any action. If nothing is resolved in the near future, I'll ask an attorney if I can start a suite against both the contractor and owner.
Opinions please.
The private road was originally constructed by the developer to allow owners below the road access to their lots. So far none of the lots are developed but two lot owners want to begin construction but can't until the road id repaired. At the end of last year, the owner that damaged the road told the owners of the road he or the contractor would repair the road. To date, neither the contractor nor the owner have initiated any action. At our last Board meeting when the issue was raised, the Board denied any responsibility for the road and appears uninterested in doing anything. While I agree the association has no financial responsibility for the road, they are still responsible to ensure the owners of the road keep it in a usable condition.
My question is should any board members directly involved in the undermining and repair of the road continue serving on the board? I believe, at a minimum, any board members involved should be excluded from discussing this matter. I actually believe they should be removed from the board because even if prevented from participating in conversation they will still try to convince the board it isn't their responsibility to take any action. If nothing is resolved in the near future, I'll ask an attorney if I can start a suite against both the contractor and owner.
Opinions please.