Private road maintaince agreement

[bande1102]

Originally Posted by SmartMoney

Your situation is complicated by an HOA. It is entirely possible to have a private road maintenance agreement outside of an HOA. The RMA can be written up any way you like, 100% agreement on expenditures, and when they do agree, the split. A monthly fee is not required - only a shared responsibility. Without it, good luck getting out.

Don't I know it. At this point, I'm just prepping for sale and planning to get the heck out. I have learned so much from this experience.

[Fripper]

Thank you all for your responses. We have worked it out, as the credit union, which is where our new neighbor is getting her mortgage through, does not have a form for a private road agreement the neighborhood came up with our own. It was very basic, stated for over 40 years the neighbors have taken care of the road and will continue to do so. The buyer, desperate to purchase, signed off as fiancially responsible.

[399083453]

Originally Posted by Fripper

The buyer, desperate to purchase, signed off as fiancially responsible.

Ouch. That paper saying she is financially responsible will be recorded at the deed registry. Available for all to see. When a problem arises with the road in the future, legal responsibility will point to her and other homeowners may sue her to fix the road. Another direction it could go... she could go to court and have the court rule its everyone's responsibility because everyone shares the road... of course this will take time and a lot of money.

This will also be a serious issue with anyone wanting to buy the house from her in the future. Which will of course affect its sale price.

Desperate indeed......