How will local government deal with epidemic of crumbling private roads?

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By Deborah Goonan, Independent American Communities Local governments must work on solutions to repair crumbling private roads, because most homeowners don’t have the equipment, expertise, or money to maintain them. Private roads are a burden for many homeowners associations (HOAs). But the problem is even more acute for subdivisions where no HOA exists.   Ohio: homeowners can’t get in or out of their subdivision after road washed out in a flood Owners of 32 homes Continue ReadingHow will local government deal with epidemic of crumbling private roads?

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PA Twp to amend Zoning requirements for private roads

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by Deborah Goonan, Independent American Communities Every day I see more evidence that creation of homeowners associations (HOA) — with duties to maintain private roads and storm sewers — benefits developers, not homeowners. Real estate developers and home builders don’t want buyers to know the truth. Local governments have a bad habit of relaxing zoning codes to allow for cheaper construction costs and higher density. In industry lingo, density refers to the number of residential Continue ReadingPA Twp to amend Zoning requirements for private roads

HOA Issue #7: Homeowners need new ways to pay for HOA private roads

Private neighborhood roads across the nation are in desperate need of repair. Residents seek help from local governments.   An infrastructure maintenance crisis is underway in association-governed communities across the U.S. Private subdivision roads are in poor condition. Some are downright unsafe. Decades of fast and cheap road construction saddled thousands of homeowners with narrow, substandard roads, as well as awkward traffic plans that create daily commuting headaches. The following examples illustrate the need for Continue ReadingHOA Issue #7: Homeowners need new ways to pay for HOA private roads

HOA, condo, & co-op case law and litigation highlights (Dec. 2018, part 2)

Case law books court legal appeal

By Deborah Goonan, Independent American Communities This month: a Vermont court upholds homeowner obligations to pay for common maintenance. Other case law clarifies property and fair housing rights of homeowners. Owner Responsible For Share Of Costs To Maintain Subdivision Facilities (VT) by Husch Blackwell LLP Holding: The Supreme Court of Vermont held that a homeowners association, as assignee from the developer, could charge lot owners for its reasonable costs to maintain the subdivision private roads Continue ReadingHOA, condo, & co-op case law and litigation highlights (Dec. 2018, part 2)