EdK (South Dakota)
Posts: 7
Posts: 7
Posted:
With 75% of homeowners living on a private road within a association can those 75%assess fully the other 25% who are within the association but live on a public road
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unfair assessments
Started by EdK • 21 replies • 1489 views
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JohnB7 (South Carolina)
Posts: 176
Posts: 176
Posted:
yes, they can
all 100% own the road .. some use it more than others
all 100% own the road .. some use it more than others
SteveM9 (Massachusetts)
Posts: 3,699
Posts: 3,699
Posted:
If they only asses the private road owners, set up a toll booth for all non-members. (wink)
EdK (South Dakota)
Posts: 7
Posts: 7
Posted:
the private road provides no access for the 25% the public road does provide access for the 75%. The 75% refused to build the service road that is provided for in a easement for the 25%. The reason was the 25% already have a public road. This is a very rural area and there are no other houses in the area for 2 miles
SteveM9 (Massachusetts)
Posts: 3,699
Posts: 3,699
Posted:
So there is no road? needs to be built? or repaired?
Check your CCR's. Only think I can think of to help you is to check your CCR docs. You might be able to prove your case that the road must be maintained/repaired, etc. or the HOA would be in violation of a clause in your docs about "maintaining common areas" or something like that.
Another thought. Start the process of working with the HOA and the city to get the city to take possession of the road and maintenance. It might take years, but you need to start somewhere.
With such little info to go on, I'm just tossing this out there.
Check your CCR's. Only think I can think of to help you is to check your CCR docs. You might be able to prove your case that the road must be maintained/repaired, etc. or the HOA would be in violation of a clause in your docs about "maintaining common areas" or something like that.
Another thought. Start the process of working with the HOA and the city to get the city to take possession of the road and maintenance. It might take years, but you need to start somewhere.
With such little info to go on, I'm just tossing this out there.
SusanW1 (Michigan)
Posts: 5,202
Posts: 5,202
Posted:
Ed - we have 12 bridges in our sub.
This is an argument we get all the time: why do I have to pay for a bridge that I never go over?
The answer is that we are a COMMUNITY, the association takes care of the common areas and maintaining property values is important. Plus - our master deed gave all the bridges to the HOA. They cannot be separated out, according to use.
This is an argument we get all the time: why do I have to pay for a bridge that I never go over?
The answer is that we are a COMMUNITY, the association takes care of the common areas and maintaining property values is important. Plus - our master deed gave all the bridges to the HOA. They cannot be separated out, according to use.
MaryA1 (Arizona)
Posts: 7,043
Posts: 7,043
Posted:
Ed,
I take it you're asking if the 25% who do not have access to the private road must pay the same assessments as the 75% who do have access. Unless it's stipulated in the CCRs that the assessments are based upon whether or not you have access to the private road, everyone should pay the same rate of assessment. The private road is owned by the HOA and the members pay assessments to cover the maint, etc. of all common areas, which includes the private road. If your assn has a swimming pool, which you never use, you are still liable for paying the assessment which is used to maintain the pool.
I take it you're asking if the 25% who do not have access to the private road must pay the same assessments as the 75% who do have access. Unless it's stipulated in the CCRs that the assessments are based upon whether or not you have access to the private road, everyone should pay the same rate of assessment. The private road is owned by the HOA and the members pay assessments to cover the maint, etc. of all common areas, which includes the private road. If your assn has a swimming pool, which you never use, you are still liable for paying the assessment which is used to maintain the pool.
KirkW1 (Texas)
Posts: 1,665
Posts: 1,665
Posted:
Quote:
... This is an argument we get all the time: why do I have to pay for a bridge that I never go over? ...
Ask them to petition the government to change the tax structure too. After all I don't use all the roads in my state.
EllenS1 (Florida)
Posts: 1,148
Posts: 1,148
Posted:
Mary,
You beat me to it..I was going to make the same point re swimming pools, tennis courts. etc that not all owners use. It also reminds me of so many retired folks that move here to Florida and complain they shouldn't have to pay school taxes since they have no kids in school. They seem to forgeet that someone paid for their and their's kids education. With their type of thinking one could make a case of why younger folks should pay for ambulances, etc since they are more heavily used by seniors. I live in a 101 townhouse association and have one of the smaller units with no lawn. The major cost to the association is for landscaping but even tho I have no lawn my assessment goes to keep the association's property looking good.
You beat me to it..I was going to make the same point re swimming pools, tennis courts. etc that not all owners use. It also reminds me of so many retired folks that move here to Florida and complain they shouldn't have to pay school taxes since they have no kids in school. They seem to forgeet that someone paid for their and their's kids education. With their type of thinking one could make a case of why younger folks should pay for ambulances, etc since they are more heavily used by seniors. I live in a 101 townhouse association and have one of the smaller units with no lawn. The major cost to the association is for landscaping but even tho I have no lawn my assessment goes to keep the association's property looking good.
MaryA1 (Arizona)
Posts: 7,043
Posts: 7,043
Posted:
Ellen,
And what angers many of us in my neck of the woods is that the Seniors out in Sun City, AZ were successful in getting removed from the school tax rolls! Now some of them are running for positions on the school board!
And what angers many of us in my neck of the woods is that the Seniors out in Sun City, AZ were successful in getting removed from the school tax rolls! Now some of them are running for positions on the school board!
EllenS1 (Florida)
Posts: 1,148
Posts: 1,148
Posted:
Mary,
Unbelievable! I hope some eager young reporter will expose this. What nerve, to run for the school board...let's hope they lose.
Unbelievable! I hope some eager young reporter will expose this. What nerve, to run for the school board...let's hope they lose.
EdK (South Dakota)
Posts: 7
Posts: 7
Posted:
then why can the 75% vote not to build the service road for the 25%
MaryA1 (Arizona)
Posts: 7,043
Posts: 7,043
Posted:
Quote:
Posted By EdK on 05/02/2009 10:58 AM
then why can the 75% vote not to build the service road for the 25%
then why can the 75% vote not to build the service road for the 25%
Ed,
Exactly what do your docs say about construction of the service road? Can you post the article word for word? Thx!
EdK (South Dakota)
Posts: 7
Posts: 7
Posted:
also only home owners are assessed lot owners are not and those with more than one lot are assessed only once
MaryA1 (Arizona)
Posts: 7,043
Posts: 7,043
Posted:
Quote:
Posted By EdK on 05/02/2009 11:01 AM
also only home owners are assessed lot owners are not and those with more than one lot are assessed only once
also only home owners are assessed lot owners are not and those with more than one lot are assessed only once
Ed,
If that's what the CCRs say, then there's nothing you can do about it. Again, can you post the CCR article word for word? Thx!
JohnK3 (Pennsylvania)
Posts: 967
Posts: 967
Posted:
Ed writes:
>>>also only home owners are assessed lot owners are not and those with more than one lot are assessed only once<<<
I'll punctuate:
>>>Also, only home owners are assessed. Lot owners are not, and those with more than one lot are assessed only once.<<<
I'll ask:
1. If lot owners are not assessed, why would those with multiple lots be assessed only once?
2. Are you one of the 25% mentioned earlier?
>>>also only home owners are assessed lot owners are not and those with more than one lot are assessed only once<<<
I'll punctuate:
>>>Also, only home owners are assessed. Lot owners are not, and those with more than one lot are assessed only once.<<<
I'll ask:
1. If lot owners are not assessed, why would those with multiple lots be assessed only once?
2. Are you one of the 25% mentioned earlier?
EdK (South Dakota)
Posts: 7
Posts: 7
Posted:
our bylaws say only homeowners have a vote the reason is we started this ass. because we shared a common water dist. system.
EdK (South Dakota)
Posts: 7
Posts: 7
Posted:
I dont understant what you mean ccrs
EdK (South Dakota)
Posts: 7
Posts: 7
Posted:
we only have a water fund and a road fund our association is not inc.
MaryA1 (Arizona)
Posts: 7,043
Posts: 7,043
Posted:
Quote:
Posted By EdK on 05/02/2009 3:35 PM
I dont understant what you mean ccrs
I dont understant what you mean ccrs
Ed,
CCRs = covenants
MicheleD (Kentucky)
Posts: 4,491
Posts: 4,491
Posted:
Ed:
Please don't take this the wrong way, but PLEASE properly punctuate your sentences.
It's darn near impossible to figure out exactly what you are trying to say.
We'd love to help and offer some insight or advice, but it's really hard when we can't figure out even a single sentence.
Thanks!
Please don't take this the wrong way, but PLEASE properly punctuate your sentences.
It's darn near impossible to figure out exactly what you are trying to say.
We'd love to help and offer some insight or advice, but it's really hard when we can't figure out even a single sentence.
Thanks!
KirkW1 (Texas)
Posts: 1,665
Posts: 1,665
Posted:
If what you are saying is accurate, I don't think there is any enforcement that can be done should someone refuse to pay. But without having seen how the whole thing is organized I really don't know.
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