our roads were to be public

[mjordan10]

What is the name of your state (only U.S. law)? North Carolina
When I put in a purchase offer on the home we purchased it was disclosed to us that the roads in the development would be dedicated to the town as public roads.They were all built when we purchased the home. Our survey and county planning plat show the roads to be public.
Now 4 years later the developer tried to turn the roads over to the town.
The town refused to accept them because they are not up to code.
What can I do about this?
We have a homeowners association that is not looking out for our best interest.
I have brought the issue up to them and they refuse to take any action against the developer.
The local police say they can't enforce some laws because the roads are private.

[FarmerJ]

Was the matter of your HOA exploring legal action against the builder a matter that called for a vote by ALL of the HOA members ? If not sounds like you might want to go to every affected homeowner with your salesmans hat on to get them to be willing to vote on directing the board to arrange for a consultation with a atty. I would guess this should all be laid out in your HOA bylaws. Review them too so you understand the process , If you do not understand them then seek the services of a atty to assist you.

[FlyingRon]

You're not going to get the county to take roads that aren't up to code.
You're going to have to mobilize your neighbors and convince them that they should care enough.

Enforcement of laws isn't exactly tied to who owns the rules. Private roads can be made subject to police enforcement usually by the owning body (HOA) making that petition (and in some cases erecting signs) to have it done.

[HomeGuru]

Originally Posted by mjordan10

What is the name of your state (only U.S. law)? North Carolina
When I put in a purchase offer on the home we purchased it was disclosed to us that the roads in the development would be dedicated to the town as public roads.They were all built when we purchased the home. Our survey and county planning plat show the roads to be public.
Now 4 years later the developer tried to turn the roads over to the town.
The town refused to accept them because they are not up to code.
What can I do about this?
We have a homeowners association that is not looking out for our best interest.
I have brought the issue up to them and they refuse to take any action against the developer.
The local police say they can't enforce some laws because the roads are private.

**A: the HOA needs to hire legal counsel to go after the developer.