Fortunately, here in California, there are at least a few basic road maintenance measures. Section 845 of the California Civil Code provides that, if there is a private road for the benefit of several owners, the cost of maintaining the road is proportional to the use by the facility. The statutes also provide for legal action for a contribution action allowing paying owners to recover a proportionate share from unpaid owners. This is a step in the right direction, as it allows a few simple paths to collect maintenance costs, but it is not enough to have owners fully protected for most types of problems. In previous blogs, we have looked at the difference between a private street and a relief, the new New Hampshire law, which requires private maintenance of residential streets in certain situations, and what should include private road maintenance contracts. While an agreement is an important step, the creation of an association can significantly simplify the management and application of private road maintenance contracts. Delinquent landlords can be the biggest headaches with private maintenance of the road. A person may disagree with the work or quality to be done and express this disagreement by refusing to participate in the fees. In the absence of a unit (association), one or more individual owners must apply for action on their own behalf and negotiate the costs with the other owners.
In addition, legal actions are brought against actions. A counterclaim is indeed a new and separate action against the person filing the forfeiture action on behalf of the other owners. Legal action must be defended, and its mere existence may appear on a person`s credit report. The most common type of association used in New Hampshire for private road maintenance situations is a non-profit company created under the number RSA 292. Although these entities are companies, the name often uses the word “association” in the title. The company (association) could be created to explain that each lot owner automatically becomes a member of the company. (RSA 292 uses the term “member” and not “shareholder”). Simple statutes would be adopted to address issues such as votes, assemblies and collections.
These are the questions that road maintenance contracts seek to answer. They can take time to develop, especially if there is a common private roadway without a road maintenance contract. But in the end, maintenance issues before a disaster can be answered to owners can save a lot of time and money by trying to get others, to pay their fair share to get a common route. Unless amended, it is both the creation of the unit and the adoption of statutes that require the signature of all landowners who wish to become members of the association. In other words, only those who join the association are bound by its rules and regulations. Even if not all owners join, an association can still be useful in imposing existing alliances against non-members. The association can also be useful in enforcing the legal obligation of owners to contribute to the maintenance of private roads. Road maintenance contracts are highly recommended. These are essentially contracts between land that runs with the land and serves as a framework for litigation, maintenance and improvement issues. The lawyers here at BPE Law have considerable experience in road maintenance contracts and facilities, and our transaction lawyers have advised owners and developers in California and Washington on the feasibility of such agreements and have considerable experience in developing such agreements.