Recent content by Aranya

I don't understand why unique questions have to all be put in one thread if they relate to a larger area of research such as private roads. I think that such a thread would become unwieldy and confusing. Furthermore, someone might be interested in delving deeper into Healy v. Onstott, but would...

What is the name of your state? California In Healy v. Onstott (1987) the judge overturned a previous ruling on the basis that the court erred in denying Onstott a trial de novo. So did Onstott have a new trial after the judge made this ruling to determine how much he had to pay for the road...

Thank you

So such a private road association is neither a CID or HOA and the Davis-Stirling Act wouldn't apply to it, correct?

California

Specifically, I'm wondering if the following is a common interest development (CID): a private road association that is filed with the county recorder and is mentioned on the deeds of trust of the property owners.

My road association has been charging people on the road according to a different method than what is in the road agreement. Is there a legal precedent to continue to do on the basis that they have allegedly been doing this for many years? I recently bought my property and it seems unfair since...

Why would I have to pay when they are obviously not following the agreement? They don't need to use the courts to obtain my share because I already paid it. In fact, I already paid four times the amount stipulated in the agreement because they thought they could amend the agreement with a...

I got the road agreement today and just had a chance to read it carefully. It turns out that it does stipulate how the road maintenance costs should be divided—equally. The road agreement says that the road maintenance will be paid from a general fund. Each property owner pays $100 a year to...

Yes, the first house uses only 1% of the road, so it would only have to pay 1% of the maintenance costs if the costs are divided by use according to distance used from the driveway to the beginning of the road. By this method, those at the end would have to pay about 12%. Since the way to...

I should mention that the way it works is that a road runs through each owner's property, so each property has an easement on it that gives ingress/egress rights for that road.

Sorry, here is my post from another thread: If there is an agreement but it doesn’t have a cost sharing section or allocation formula, does the above code apply (that the cost shall be shared proportionately) or is a property owner obligated to follow the allocation formula that the road...

Thanks

Yes, I was thinking that this is the case. I recently bought a property and it seems that the road association has made numerous unofficial amendments. For example, they raised the annual fee. One property owner said that they need a unanimous vote to raise the fee (the amount is specified in...

What is the name of your state? California If a private road agreement doesn't specify any terms for amending the agreement (such as a unanimous vote or a 2/3 vote), then how can it be amended?