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BenW1 (Georgia)
Posts: 1
Posted:
Hi,

Most of our neighborhood was built in the past 3 years by three builders. Over time, the road conditions have deteriorated which we are pretty confident is caused by the builder's construction trucks which enter and exit the neighborhood constantly. The costs to repair the roads has been quoted to be over 100K. Do we have any ability to seek reimbursement (even partial) from the builders for the damage? Any recommendations? We are in GA.

Thanks.
SheliaH (Indiana)
Posts: 6,964
Posted:
That may depend on which builder built which road, when they turned their portion of the community,whose responsible for the roads today, and more. If they're now the responsibility of the association, how is it people noticed the roads were getting bad and didn't address it sooner?

You really need the association attorney to help you hash this out. Anyone can sue for anything, but the real questions are (1) do you have a good chance of winning and (2) if you can collect (winning doesn't equal collection).

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
CathyA3 (Ohio)
Posts: 6,299
Posted:
Most communities have residential grade roads, so commercial vehicles coming and going can beat up the roads pretty quickly.

Has the community been turned over to the homeowners yet, or is there still a developer involved? If the latter, it's reasonable to negotiate some agreement to repair the roads prior to turnover. (The builder that I work for resurfaces roads as one of the last tasks in finishing a community.)

If homeowners are in charge and the builders have moved on to other things, you'll probably have a harder time getting them to accept responsibility. So yes, a chat with the association attorney is needed.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Is the builder/developer still own the HOA? That means they still own the roads. It would be on them to fix the roads. Which may not be till turn over to the owners. If your HOA is owner owned, then may want to confirm the roads are public or private roads. If the HOA owns the roads, then find out if way to limit the weight on them. If they are public then report the issue to the authorities.

It's going to be hard to prove. Best to see what the response is from the builder before assuming it.

Former HOA President
LoriM15 (Florida)
Posts: 1,009
Posted:
In several new communities I have lived in, the developer waits until turnover to put the top coat of asphalt or cement on the roads, just because of the wear and tear from construction. Are you sure the roads are completed? If the community has been turned over by the developer, was there anything in the turnover documents regarding the roads? I think we need more information.
LetA (Nevada)
Posts: 2,679
Posted:
When the new board is formed, under no circumstances release the bond to the Declarant. Walk the community with your PM and Declarant, point out the items that need to be repaired.
Once the items are repaired, then sign off and release the bond.

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