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What county form for arbitration or legal procedural steps

Sent to Legal Experts October 22 2008 at 12:24 PM
   

What county form for arbitration or legal procedural steps do I need to bring property owners into compliance with their road association majority opinion of repair and maintenance of the road right-of-way easement we all communally share to get to our properties?

 

Optional Information:
El Sobrante, California

Already Tried:
multiple road association meetings--3 bids from contractors--majority agreement--refusal to pay agreed sum when 100% participation is lacking. One-three hold-outs is stopping all of our attempts so far. Going on for two years now./p>

Customer (name blocked for privacy)
Status:  Closed   Value: $15
Info Request
October 22 2008 at 12:29 PM (5 minutes and 18 seconds later)
         

let me understand what's going on.

 

You are one of a group of an association that has a duty to maintain and repair a road.

 

You don't own the road - but have a right-of-way to use the road.

 

Who is the association - an HOA?

 

Are you part of the Board for the HOA?

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October 22 2008 at 12:38 PM (8 minutes and 54 seconds later)
         
Yes I am one of 15 property owners on a privately owned/maintained road. Our Association was loosely formed with full agreement two years ago for the sole purpose of maintaining the road therefore it is not officially an HOA nor does it want to become that. We have no dues--just collection of funds as needed to repair the road.
Some of our title deeds make reference to a portion of the road easement and we are not sure of other properties. It is a cul de sac situation.
Customer (name blocked for privacy)
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October 22 2008 at 12:49 PM (11 minutes and 8 seconds later)
         
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October 22 2008 at 12:57 PM (7 minutes and 13 seconds later)
         
The agreement to form the Diane Drive Road Association was agreed in writing. The subsequent attempts to reach agreement on repair contracts has not been unanimous--hence the failure to take any action to repair the road. We are looking for the legal steps to bring a judgement. The Contra Costa County Public Works Dept. issued us with an exerpt from a document saying there is a procedure of court arbitration for our situation. We want to take that action so our road can be repaired before further damage to our vehicles and possible refusal of services that use our road.
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October 22 2008 at 1:06 PM (9 minutes and 14 seconds later)
         
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October 22 2008 at 1:23 PM (17 minutes and 32 seconds later)
         
Does this mean that no individual can bring action against another hold out that blocks the repair? At issue is the title deed responsibility of each owner and what portion of the road each has responsibility for repairing. Those who live at the top end want equal sharing of any and all costs for repair. Those at the bottom tend to think they should only repair the portin they use. Adding to the complicated view points is the fact that two portions of the easement at the lower end of the road are titled to no residents who can no longer be contacted and have not paid taxes on these parcels for years.
The most recent repair proposal and bid was to repair this portion of the road which EVERYONE uses to access their property. Still there are several hold outs when it comes to agreeing to spend the money AND collect their equal portion of the costs.
We are now scheduled to meet Tuesday October 28th to opt in a minimal patch repair to get through the winter. Three of the property owners are non-resident [landlords]. Two of the properties appear on the county map NOT to have part of the road easement attached to their parcels.
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October 22 2008 at 1:32 PM (8 minutes and 59 seconds later)
         
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October 22 2008 at 1:46 PM (14 minutes and 4 seconds later)
         
Were we to take that approach and the judge ruled as you indicated, what mechanism is there for actually getting the funds from each owner to repair the road? Without that assurance/procedure, entering into further costly litigation seems unwise and probably the strategy of the delinquent owners in agreeing in the first place!
Customer (name blocked for privacy)
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October 22 2008 at 1:53 PM (6 minutes and 8 seconds later)
         
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If the judge ruled that all property owners would be fractionally liable - then if one owner didn't pay - the association could go after just that one owner individually or file a lien against the property pursuant to the court's order. The owner also I'm sure be liable for any and alll court costs and attorney's fees in the association pursuing the matter.
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October 22 2008 at 2:19 PM (26 minutes and 52 seconds later)
         
Thank you. What is still not clear--and perhaps you cannot answer this--is the forms/procedure for filing suit as an individual without retaining legal counsel. According to the Public Works document there is an application form I submit. Would you be able to advise on this specifically? So far I have not had a satisfactory answer from the civil court system in Contra Costa County. Would it be the Recorders Office?
Customer (name blocked for privacy)
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October 22 2008 at 2:23 PM (3 minutes and 52 seconds later)
         
Still considering?
Customer (name blocked for privacy)
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October 22 2008 at 2:50 PM (26 minutes and 55 seconds later)
         
Ready to reply?
Customer (name blocked for privacy)
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