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Subject: Who owns the roads
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Author Messages
ArtB
(Florida)

Posts:8


01/13/2020 11:28 AM  
There is confusion in our HOA and an disagreement among members

We have two distinct HOA's in our community.

HOA #1 has documents that show the roads in their part were turned over to the city 10+ years ago but the city apparently never accepted ownership.

HOA #2 roads are still owned by the HOA.

The city is voting soon on the HOA #1 roads.

There are mixed emotions within HOA 1 and 2.

Have others faced these decisions about road ownership and what are the + and -?

There will be an HOA #3 being built soon and the builder in indicating the roads will be public and not private.


Does HOA #2 need a majority vote to turn the assets of the road over to the city?


TIA


P.S. I am still on the fence on what is best

GeorgeS21
(Florida)

Posts:1877


01/13/2020 12:27 PM  
Since the HOA "owns" the roads, it may require a super majority of 67% - what do your CCR's say?

Certainly a good topic to get your attorney to review.
MelissaP1
(Alabama)

Posts:8922


01/13/2020 3:06 PM  
Our roads had to go public due to the separate water meters installations. We had 1 meter the HOA could control. People wanted separate ones for each home. The Water department had to have us make our roads public for access issues. Which was a good trade-off in the end.

However, we did have to modify our CC&R's to reflect the streets were now public. Which required a 90% vote of the membership to adopt. The city took down our hand made street signs and put their metal ones up. Also they put up stop/yield signs. Which the stop signs effected some landscaping/fence heights. Had to make sure one can see the signs at the intersections.

All in all it did help us with expenses. We had a hole open up and they fixed it. Also our streets did not meet the city width requirements so we had to add an ordinance for a painted curb for no parking on 1 side. Any changes to the street like no parking had to go through the city.

I liked our streets being public. There are down sides with any project. All in all just have to figure out what the people want.

Former HOA President
TimB4
(Virginia)

Posts:16632


01/13/2020 11:05 PM  
Roads are very expensive to maintain.

Best to go public in my opinion.
JohnC46
(South Carolina)

Posts:9053


01/14/2020 9:40 AM  
Posted By TimB4 on 01/13/2020 11:05 PM
Roads are very expensive to maintain.

Best to go public in my opinion.




I agree. Get rid of the roads.
LetA
(Nevada)

Posts:858


01/14/2020 10:20 AM  
Where are the HOA records and meeting minutes to reflect the roads turnover to the city? I would go from there. Sounds like the City and HOA are playing kick the can.
CjC


Posts:204


01/16/2020 6:22 AM  
We have public roads but an agreement with the county that we will plow our own roads (we would be low priority for them and we want them plowed quickly) The county saw this as cost savings for them so they agreed to provide us with salt for the winter to treat our roads. Good trade off since they still have the maintain and repair the roads for us.
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