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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118679
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I live in Brewster, MA. I have the first house (about 600'

Customer Question

Good Morning Dan, I'm Jeff and I live in Brewster, MA. I have the first house (about 600' off Hwy.) in a 40+ year old subdivision. The subdivision has a little over a mile of private roads. a few residents are trying to get a town road betterment at an expense of $10,000/abutting lot. my biggest problem is their ability to force 100% participation regardless of ability of individuals to afford this expense at this time. I am told that all they need is 50% +1. I am not comfortable forcing financial decisions on my neighbors and/or having financial decisions forced on me. What recourse do I have to stop this unfair process? Thanks so much for your advice.
Submitted: 2 years ago.
Category: Legal
Customer: replied 2 years ago.
Also, we have never had an owner association established.
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You have the right like every other member of the subdivision to object to the improvement of the roads. You also, since there is no HOA ever formed and if there are CC&R (covenants) for the entire subdivision, you can go to court to file a petition for declaratory judgment to seek an injunction to stop any voting since there is no association to have any votes.

You would of course need a local attorney to represent you in the process, but that is how you stop them if you cannot find enough people to agree with you to vote against this. You have to go to court to get a court judgment to stop it.