Private Roads

Our HOA is a 41 lot subdivision, we are responsible to maintain all the roads and common areas. In this type of Association (whether gated or non-gated) who actually owns the roads. The Town or the Association???

Bill, you can check your associations records (filed with the County) to see if the roads were dedicated to the Town or County. If your maintenance requires replacement and repairs of the roads as well as such things as snow removal then I would presume your association owns the roads.

Sometimes it happens like JoeS stated, but a lot of times, the city turns it down, even if the road is built to their specs. Even though you are paying the taxes, the developer may have been required to keep the roads private, in return for a variance he wanted, or greater density, or whatever. Many municiplaities will hold the association to that deal. Doesn't hurt to ask, or bargain, but don't be surprised if you get a cold shoulder from city hall. Remember, they're counting on that extra tax revenue that they are keeping by not providing services to you, in order to to pay other bills.

Joe