mrdonsmith
Member
What is the name of your state? MD
For anyone truly familiar with general small claims requirements: If a homeowners association collects monies from residents for the purpose of maintaining roads and common areas, does a resident adversely affected by nonperformance, e.g., a badly rutted road in front of his property, have a cause for small claims action? This would likely be a claim based on breach of contract, consisting of a written statement by the association regarding road maintenance, and the payment of fees by the resident(s). Damages sought would be based on actual expenses in fixing the road not maintained and/or estimates from a private contractor to perform work not done by the association.
For anyone truly familiar with general small claims requirements: If a homeowners association collects monies from residents for the purpose of maintaining roads and common areas, does a resident adversely affected by nonperformance, e.g., a badly rutted road in front of his property, have a cause for small claims action? This would likely be a claim based on breach of contract, consisting of a written statement by the association regarding road maintenance, and the payment of fees by the resident(s). Damages sought would be based on actual expenses in fixing the road not maintained and/or estimates from a private contractor to perform work not done by the association.
