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Can neighbors under different CCR's force HOA after 16 years?

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C

cody

Junior Member
I am in Virginia.

I live on a private gravel road in the country. Some neighbors want to pave the road. They are threatening to form an HOA and have told me that I don't have to join but they can force me to pay dues and follow whatever they dictate. This is a rural neighborhood with most properties on at least 10 acres. The homesites were sold by at least three different parties over 15 years ago. This is not one subdivision and we do not carry the same CCR's on our deeds.

Can they form an HOA and force me to pay what they dictate??

I have a Roadway agreement with my deed that says I will pay my share of maintaining the road. Not everyone has this same agreement but has something that basically states they will share in the maintenance of the road. Paving seems like it would be an upgrade not maintenance.

Can they pave the road and force me to pay a share when it is not maintenance of the road?

Thank you.
 


L

lwpat

Senior Member
Having a paved drive would increase the value of your property and limit damage to your vehicles. It sounds like a good idea to me.

However, they cannot force you to join an association and it is unlikely they will try to force you to pay by going to court. The attorney fees would probably be more than your share. Have you even found out how much money they are talking about?
 
H

HomeGuru

Senior Member
cody said:
I am in Virginia.

I live on a private gravel road in the country. Some neighbors want to pave the road. They are threatening to form an HOA and have told me that I don't have to join but they can force me to pay dues and follow whatever they dictate. This is a rural neighborhood with most properties on at least 10 acres. The homesites were sold by at least three different parties over 15 years ago. This is not one subdivision and we do not carry the same CCR's on our deeds.

Can they form an HOA and force me to pay what they dictate??

I have a Roadway agreement with my deed that says I will pay my share of maintaining the road. Not everyone has this same agreement but has something that basically states they will share in the maintenance of the road. Paving seems like it would be an upgrade not maintenance.

Can they pave the road and force me to pay a share when it is not maintenance of the road?

Thank you.
Click to expand...

**A: you can be forced to pay per your CC&R's.
 
C

cody

Junior Member
I ride my horses on the gravel road so I prefer in not be paved. Also my property value increased over 80% last year so that is not an issue.

My CCR's have all expired with the exception of a Roadway Maintenance agreement which is NOT shared by all property owners since some have differing CCR's which includes different Roadway clauses. The Roadway agreement I have just indicates I will share in the "maintainence'. We have no problem in paying our share of the routine addition of gravel and grading which has been the normal maintenance for over 15 years.

So if I understand everyone right. All I have to do is folllow my restrictions, which expired, and my roadway maintenance agreement. They can not form an independant association and impose any new type of authority of me.

Thanks.
 
H

HomeGuru

Senior Member
cody said:
I ride my horses on the gravel road so I prefer in not be paved. Also my property value increased over 80% last year so that is not an issue.

My CCR's have all expired with the exception of a Roadway Maintenance agreement which is NOT shared by all property owners since some have differing CCR's which includes different Roadway clauses. The Roadway agreement I have just indicates I will share in the "maintainence'. We have no problem in paying our share of the routine addition of gravel and grading which has been the normal maintenance for over 15 years.

So if I understand everyone right. All I have to do is folllow my restrictions, which expired, and my roadway maintenance agreement. They can not form an independant association and impose any new type of authority of me.

Thanks.
Click to expand...

**A: did you read my post? good grief, get an attorney already.
 
C

cody

Junior Member
I read your answer.

I did read your answer. I was asking for clarification to your answers. The set of restrictions on my tract of land expired last year. Besides, they had no clause regarding maintenance of the private road. I do however, have a Roadway agreement which only myself and a couple other property owners possess - not all 20 property owners on this same road. I have and will pay according to that. My question was can they force me to pay according to THEIR CCR'S and newly created HOA?

I have left a message for the attorney that closed on my house two years ago.

Thank you.
 
H

HomeGuru

Senior Member
cody said:
I did read your answer. I was asking for clarification to your answers. The set of restrictions on my tract of land expired last year. Besides, they had no clause regarding maintenance of the private road. I do however, have a Roadway agreement which only myself and a couple other property owners possess - not all 20 property owners on this same road. I have and will pay according to that. My question was can they force me to pay according to THEIR CCR'S and newly created HOA?

I have left a message for the attorney that closed on my house two years ago.

Thank you.
Click to expand...

**A: so you ordered a current title report and there are no CC&R's on title?
 
C

cody

Junior Member
Title search

HomeGuru said:
**A: so you ordered a current title report and there are no CC&R's on title?
Click to expand...

I went to the courthouse and searched the title myself. We are only the second owner of the property since CC&R's were placed on it when it was split up into 5 tracts of land. The CC&R's expired on 12/31/05. The only thing left is the Roadway Maintenance agreement which we only have in common with 6 out of 19 neighbors. I spoke with our closing attorney yesterday. He felt like they probably could not form an HOA that would have power over us unless we agreed to join them. We are only bound by our Roadway Maintenance agreement. And they could not force me to pay a share of paving the road since maintenance has always consisted of replenishing the gravel. Sound about right?
 
H

HomeGuru

Senior Member
cody said:
I went to the courthouse and searched the title myself. We are only the second owner of the property since CC&R's were placed on it when it was split up into 5 tracts of land. The CC&R's expired on 12/31/05. The only thing left is the Roadway Maintenance agreement which we only have in common with 6 out of 19 neighbors. I spoke with our closing attorney yesterday. He felt like they probably could not form an HOA that would have power over us unless we agreed to join them. We are only bound by our Roadway Maintenance agreement. And they could not force me to pay a share of paving the road since maintenance has always consisted of replenishing the gravel. Sound about right?
Click to expand...

**A: did you read my post?
 
C

cody

Junior Member
Title search

A title search was done when we bought the property, less than 2 years ago. We have title insurance. I couldn't find anything on record at the courthouse which the tittle search didn't indicate.
 
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