DavidG11 (California)
Posts: 1
Posts: 1
Posted:
Hello all,
We are a small development that was incorporated in the 70'. The developer played many games on the neighboring properties to make it difficult for them to have access to their properties from the main roads. The HOA, CC&Rs, BY-Laws, definition of roads, boundaries are all loosely and poorly written!
I am new to the area and was elected as the HOA President for a little while now. A great weight was dumped on my shoulders as this organization has been feuding for the last 30 + years.
I have a few questions that I need some answers to.
1. A development that was created with the intent to have common roads, and trails is defined as what? The roads are easements on parcels or adjacent to parcels but not exclusively owned by the association. We are file with the state as a CID. But most of the legal stuff and definitions do not seem to apply?
2. The association is split in two by a county road. East and West, this is where most of the fighting occurs! East does not want to pay for west roads ect. Is there a way to split the association in two?
3. Over the years some parcels were charged only an Administrative fee (no home developed), some pay admin fees and road maintenance fees, yet some pay a different amount as they only access their property via a county road. Is this legal? There is a fight that "one class" means that all must pay the same amount.
4. Last question, there are properties that are in the association that do not want or need to be apart of the association. There are properties that would like to join the association for sole purpose to use the road to have better access their properties. Is there an easy way to do this?
Thank You
We are a small development that was incorporated in the 70'. The developer played many games on the neighboring properties to make it difficult for them to have access to their properties from the main roads. The HOA, CC&Rs, BY-Laws, definition of roads, boundaries are all loosely and poorly written!
I am new to the area and was elected as the HOA President for a little while now. A great weight was dumped on my shoulders as this organization has been feuding for the last 30 + years.
I have a few questions that I need some answers to.
1. A development that was created with the intent to have common roads, and trails is defined as what? The roads are easements on parcels or adjacent to parcels but not exclusively owned by the association. We are file with the state as a CID. But most of the legal stuff and definitions do not seem to apply?
2. The association is split in two by a county road. East and West, this is where most of the fighting occurs! East does not want to pay for west roads ect. Is there a way to split the association in two?
3. Over the years some parcels were charged only an Administrative fee (no home developed), some pay admin fees and road maintenance fees, yet some pay a different amount as they only access their property via a county road. Is this legal? There is a fight that "one class" means that all must pay the same amount.
4. Last question, there are properties that are in the association that do not want or need to be apart of the association. There are properties that would like to join the association for sole purpose to use the road to have better access their properties. Is there an easy way to do this?
Thank You