Roads

Started by MaureenM1 • 11 replies • 1528 views

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MaureenM1 (PA)
Posts: 344

Posted:

If our development is under developer control and the roads are not yet completed should
the yearly snow removal costs be come out of our Association dues or should the Developer be
incurring the costs?

This question has recently come up by our builder to the Board. The road is private and it's
a gated community.

The Association has been paying the costs for snow removal since the beginning of the development.

Any input on this question would be appreciated.

MicheleD (Kentucky)
Posts: 4,491

Posted:

I would think it would be an Association cost/expense, whether under Developer control or not.

Same with common area maintenance, etc.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Maureen,

I agree with Michele. IMO, the developer is only resp. for building the roads, all maint is the resp. of the assn. BTW, in AZ all roads must be complete b/4 one home is sold! (Actually it may be b/4 one home is built, but I'm not quite sure about that.) Large developments may be built in sections, so there may be some undeveloped sections where the roads have not been completed but homes are not being sold in those sections.

MicheleD (Kentucky)
Posts: 4,491

Posted:

That's pretty funny, Mary!

Here the roads CANNOT be finished until the last lot is built out.

The roads have to be "built," but they are not to be "finished" until all the construction is over and the bond is released by the city.

The bond release requires, among other things, that our local water/sewer district inspect that all the sewers and drains are properly built.

Only after our sewer district approves that can the roads be paved.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Contrary to the belief of most newbys to HOA living, the developer turns over maintenance costs almost as fast as the expenses occur. We had 10 houses out of 197 built and started paying our quarterly dues upon signing the closing papers. This is quite the normal.

KirkW1 (Texas)
Posts: 1,665

Posted:

For what it is worth, I think the HOA should pay for plowing roads that residents live on and/or must traverse for normal ingress/egress. If the developer wants additional plowing of roads to enable him/her to try and sell houses there it should be a developer cost.

having said that, most developers leave the entire bill to the HOA. Just as they typically leave the landscape bill to the HOA though much of the expense is to help sell houses and many a HOA cuts that cost as soon as turnover occurs.

MaryA1 (Arizona)
Posts: 7,043

Posted:

The only reason the HOA pays these expenses is because they are expenses of the assn. -- it's called maintenance.

GeraldT4
Posts: 1,022

Posted:

MaureenM1 - The cost of snow removal is an Association expense. The developer must contribute it's share of the cost. This is the cost of the contract divisible by the number of units times (x's) the amount of homes the developer still owns (unclosed units). Now, here's a very crucial bit of information you must must apprise yourself and all your board members of (if you don't know it already). Your Association is due, repeat is due, BY NJ LAW reimbursement from your municipality for THE MUNICIPALITY cost to remove snow from your roadways. This is due regardless of the width of your roads and the fact you are gated and your roads are designated as private. The NJ LAW is the Municipal Services Reimbursement Act. Reimbursement will absolutely involve an attorney to collect. The municipality will fight it but WILL loose.
http://www.njlawblog.com/2008/07/articles/community-associations/new-jerseys-municipal-services-act-becomes-an-adult-only-act-in-the-union-that-requires-municipalities-to-provide-services-to-private-communities/

DavidW5 (North Carolina)
Posts: 565

Posted:

Well, I have to disagree with most of the opinions offered here. You need to check the regulations of your local government. In Fairfax County, Virginia the "Fairfax County Community Association Manual" contains the following requirement:

"The developer is responsible for mowing, landscape maintenance, snow removal on all
roads, and all bonded facilities and common grounds until approved by the County and
legally transferred to the association or to another party, i.e., VDOT (for public roads), or
DPWES (for stormwater maintenance). No association funds should be expended for
such maintenance, even if all lots have been sold and the owners have voting control of
the association. All cost and responsibility belongs to the developer until official transfer
to the association."

GeraldT4
Posts: 1,022

Posted:

DavidW5 - You are in Virginia. Please enlighten us why what you read applies to New Jersey. I'm in New Jersey. The cost of snow removal is as I've posted.

MaryA1 (Arizona)
Posts: 7,043

Posted:

David,

I don't know that what is contained in the "Fairfax Co Community Assn Manual" can be regarded as law. IMO, that is only the Co's interpretation of how a community assn is to be run. Unless it's stated in State law, IMO, what's in this manual does not have to be adherred to. I can't believe home builders would agree to the requirements stated in the manual. There are some master assn's that the developers are in control of for 20 yrs or more!!!

MaureenM1 (PA)
Posts: 344

Posted:

thank you

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