Private road and easment

[Looking4anout]

What is the name of your state (only U.S. law)? Washington State
We are a five house development on a private road with an HOA.
There is an additional private road off the end of ours that access three more house beyond who are not part of the HOA. The Private road infront of our houses is considered an easement in the legal plot plans.
We are assuming any maintenance required on this easement would be jointly shared between the HOA and the three residences beyond who use it. First question, is this a correct assumption?
Second question, can the HOA put in speed bumps to slow the people down that access those houses, at our own cost and only on the portion of road in the HOA property?

 

[154NH773]

We are assuming any maintenance required on this easement would be jointly shared between the HOA and the three residences beyond who use it. First question, is this a correct assumption?

Not necessarily. You would have to see what covenants they have in their deeds, or what easement agreements are appurtenant to their properties. If they are not required under any easement or covenant to contribute to maintenance, then you might have a problem getting them to contribute. If you took them to court, there is a good chance that a court might require them to contribute. That said, they would probably argue that they should have a say in any decisions made by the HOA on anything that would cost them money.

Second question, can the HOA put in speed bumps to slow the people down that access those houses, at our own cost and only on the portion of road in the HOA property?

If they are required to contribute to maintenance of the road either by agreement, covenant, easement, or court decision, then they could argue that they have a right to veto the speed bumps. If they pay nothing, and the underlying road is owned by the HOA, then they probably couldn't easily contest the speed bumps.

I live on a private road/right of way that is a continuation of a HOA section of road. I have fought with them over these types of issues (no say in decision making) and have refused to pay any share. There are other issues as well, but the resolution is that they are improving the road to town specifications, petitioning the town to take it over, and then they will disband the HOA. I’m happy...

 

[HomeGuru]

I agree with 154. And that's a 10-4.