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TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 12366
Experience:  JD, MBA
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In our Association there is a street that runs thru the middle

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In our Association there is a street that runs thru the middle of the home owners properties that is the responsibility of the Association members to keep it in good condition. The association has been advised the asphalt needs to be repaired via three possible options. Most of the owners in this association are elderly and on fixed incomes so they all most likely will vote not to do any repairs at all. Since they are the majority the road repairs will not pass an upcoming vote.

Our question as new owners in the community, are there any remedies available to us (property value degradation, etc.) that could force an assessment or other action to bring the road to proper quality? If so, please advise so we can share during the board meeting tomorrow night.

Hello and thank you for allowing me the opportunity to assist you.

Associations are democratic, so the majority does rule, and there is no law that would force the Association to repair a road that it does not want to repair. You can certainly make arguments to try to convince the owners, however. You mentioned one, which is the lowering of the value of the properties. I suspect that they won't care about that if it means shelling out more money to the Association, however.

Another possibility is to mentioned that there could be possible liability against the Association (and against the owners indirectly) if somebody were injured due to the disrepair of the road. For example, if the condition of the road were to cause a person to trip or a cyclist to lose his balance, then the Association may be held liable for the injuries, and that could potentially cost the Association (and owners) much more than simply fixing the road now. If you were to make that argument, I'd likely take pictures of the worst spots in the road to distribute at the meeting in order to highlight the potential danger.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated.

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Hi again.

I noticed that you rated the service as merely "OK." I'd like you to feel that you got excellent service. Is there anything I can do to improve upon that rating (other than telling you that you can force the Association to fix the road, which I'm sorry that I cannot do since no such law exists)?

Thank you again for using our service.