Private Roads

Our development consists of three private roads (40 townhomes total, 24 built to date). It is a gated community (however the gates are not operational yet). The builder constructed a central "garbage dumpster enclosure", in the development, however, the residents would prefer curb side pickup. We were told that we couldn't contract a garbage company for curb side pickup because we live on a private road, however, the garbage company that was hired by the association comes down the road to the central garbage dumpster twice a week to empty the dumpster. We also don't get a recyle pickup from the town. The people in the back have to drive their garbage to the dumpster. This is suppose to be an upscale gated community. Until the garbage dumpster was put into place with an enclosure we all had to throw our garbage in the construction dumpster. I don't think the builder had garbage figured out before he sold us the units.

please advise.

Maureen....I also live in a gated "upscale" development consisting of 299 - 3 acre parcels and our roads are private.... We do not recieve curb side garbage pickup nor mail delivery to our homes.. We must drive our garbage to a central garbage facility here in the subdivision.. The county has told us because we are a private rd community that it is not feasible for them to send their trucks down our " easements "...... So while I do not have any advice to give you this is just a heads up that you are not alone out there with regards to this matter.......LindaC3

Most likely the developer did not want garbage trucks on those streets. They are hard on the roads. The recyling trucks come first, then the big garbage truckes.

Have you surveyed the other residents to see if they want to contract for curbside pick-up? Before you being your concern to the developer, you need to get your supporters lined up.

Was this brought up before the Board? Make sure you document the discussion and note lack of action / or / the action taken by the Board. The residents will want to know.

Your complex is still under control of the builder. The best you can do is to bring a petition to him - signed by all the homeowners - requesting that a garbage company be hired. Be ready for an increase in dues or a private garbage collection bill. (I don't know how this ties in with any taxes that are supposed to cover garbage collection. Never heard of that before)

Bottom line is: this is not your subdivision, yet. You are still in his sandbox!

Gerald,

I know! It's frustrating when you post important info but nobody seems to read it! Even though I don't live in NJ I went to the website and read the article, which I've pasted below. Hope Maureen reads it and gives a copy to the developer.

"Is Your Association Receiving the Benefits of the Municipal Services Act?

Posted on July 12, 2006 by Jonathan H. Katz

Like many condominium and homeowners associations in New Jersey, the seventy or so associations in the City of Long Branch were unaware that they were entitled to reimbursement for certain municipal services – such as the costs of snow removal, trash collection and street lighting – that they provided to their members out of their annual budgets. Unaware, that is, until recently... On June 13, 2006, the Long Branch City Council authorized reimbursement of over $100,000 to condominium owners in the City for snow removal and street lighting services. This amount represents the costs of these services incurred by these seventy associations from 1996 through 2006.

Pursuant to the Municipal Services Act, N.J.S.A. 40:67-23.2 to -23.8, every municipality in New Jersey is required to either provide certain services to each qualified private community within its borders or reimburse the community for these services, including the removal of snow, collection of trash or recyclables or lighting of roads and streets. The purpose of the Municipal Services Act is simple – eliminate double taxation of community association residents. As discussed more fully in one of the seminal cases interpreting the Act, Briarglen II Condo. Ass’n, Inc. v. Township of Freehold, 330 N.J. Super. 345, 353 (App. Div. 2000) – litigated by David J. Byrne, Co-Chair of Stark & Stark’s Community Associations Group – the Appellate Division determined that the legislative intent of the Act was to “help eliminate double payment for some services which the residents of qualified private communities now pay through property taxes and fees to their association.”

Although the Municipal Services Act went into effect in January of 1993, many qualified associations fail to take advantage of having their municipality provide these services – or the reimbursement for them – simply because they are unaware that they are entitled to them. This means countless associations in the state – like those formerly unaware in Long Branch – may be entitled to significant reimbursements that could be used to free up other funds for capital reserves, necessary repairs, or long-overdue improvements to their communities."

SusanW1 - I too live in a "private" association in New Jersey, and I can assure you that it does not exclude the necessity of the borough to provide municipal services to my association that it provides for everyone else outside of the association. Don't think for one minute that a "private" association isn't subject to local, state, and federal laws.

The developer pays taxes for all the unclosed lots in the association. You pay taxes as well to the borough. The residents have rights as taxpayers to have the municipal services that every resident in your borough has, or to be reimbursed by the borough for the borough's cost of those services.

MaryA1 - The developer is not in control over this one, only given the ability to control by others. The municipal services are due and it's really a matter of the residents dealing with the borough, perhaps through the developer, however it's the obligation of the borough to provide. The longer the association members let this go, the harder it's going to be to get what is due them.

MaryA1 - The borough has obligations to the residents and the resident's do not have to relinquish their right to interact with the borough, ever. Every day the residents don't exercise their right for reimbursement it's money out of the association's pocket.

MaryA1 - Reimbursement comes from the borough. The residents make up the association. The developer usually doesn't care about the reimbursement. It's a negotiation process that typically occurs later than it should, when the developer is not on the Board anymore. There's no reason that a New Jersey association should be paying for trash pickup. The borough should extend the route of the company and cover the association. Services that are included in the municipal reimbursement are snow removal, street lighting, recycle and trash pickup. High ticket items the cost of which should reflect in the current association budget (double taxation).

MaryA1 - When I posted "residents" I was trying to make the distinction between the developer and the association. Poor choice of words on my part, sorry. Yes, when the time comes the HOA will get the reimbursement from the borough. The residents will not see a tax break or an individual reimbursement. It's important to understand the reason the HOA needs the reimbursement. Because the HOA is "taxing" the owners for a service that by law is to be provided to everyone in your county HOA or non HOA. Hence where the phrase "double taxation" comes into play. I am curious what county your HOA is in, perhaps it will assist.

MaryA1 - Sorry, I thought it was Maureen from New Jersey that was posting. However, double taxation does apply if the HOA is paying for a service that the borough provides to all the other residents of the town, and the HOA is not getting reimbursement by the borough.

MaryA1 - Read the law that exists in New Jersey as posted on this thread. You may know of no law in AZ. Honestly, not to be disrespectful but it's time that every association in every state in the land get with it as New Jersey has and demand that they be reimbursed for being double taxed. End of story.

MaryA1 - I'm not talking about taxes on common property? I'm talking about reimbursement from the borough for municipal services. The services that it provides to all the residents in the borough, the cost of which is funded by property taxes. Services include trash pickup, recycling, snow removal (if it snows), street lighting.

Hi Pete, welcome to HOA Talk!

Wow, aren't you lucky to have US Mail delivery! LOL Doesn't the city/county also reimb for some services? I seem to recall that being offered in NJ.