Private Roads

Started by BillM • 4 replies • 2152 views

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BillM
Posts: 1

Posted:

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???

BradP
Posts: 2,548

Posted:

If you are responsible for the maintenance of the roads I would assume the association owns them. Typically maintenance falls to the property owner. If I were you I would check and see who really owns them, because if you don't then I would insist the owner (city or county) maintains them.

RogerB
Posts: 4,986

Posted:

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.

JoeS4
Posts: 77

Posted:

We are also in a community that currently owns our roads, however we are getting ready to give them to our city after a homeowners vote. The board has already met with the city and as long as road construction was done properly most cities or counties will take in your roads, after all the homeowner already pays city or county taxes depending upon location. The developer can usually answer most of the road questions as well.

JosephW
Posts: 874

Posted:

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

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