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A supposed homeowners association and the new builders that…

A supposed homeowners association and...
A supposed homeowners association and the new builders that bought 5 lots went into an agreement to maintain a private road. Since they own the road the Parrish won't help and soon garbage mail or any other parish service won't drive the road due to its horrible conditions. Is there anything that can be done to force them to maintain the road? I can't even sell my house and the reason always given by prospective buyers is the road. I have a noterized agreement between the builder and this once again supposed homeowners association.
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Answered in 3 hours by:
9/6/2017
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,346
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified
Welcome to JA and thank you for your question. What do you mean by a "supposed homeowners association"? You stated you have an agreement that requires them to maintain the private road, was this agreement recorded? Which Parish does your question pertain to?
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Customer reply replied 7 months ago
I attached the document none of us knew about this homeowners association

Thank you for attaching the agreement. The HOA is registered with the Secretary of State as inactive and revoked.

"Name Type City Status

THE PETER J. WILSON HOMEOWNERS'S ASSOCIATION, LLC Limited Liability Company BELLE CHASSE Inactive

Revoked 2/28/2014"

https://coraweb.sos.la.gov/CommercialSearch/CommercialSearchDetails.aspx?CharterID=912613_7F39BE36CE

The reason local government will not get involved is because this is a private road. If the local government accepted the road they would be responsible for maintaining the road.

Are your homes allegedly within the HOA subdivision?

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Customer reply replied 7 months ago
our homes are on this road. What are the ways you can get the parish to take over the road if the owner is not maintaining it? Can they be taken to court?
You would want to ask the Parish if they would be willing to take on the responsibility for the road. The owners of the road would transfer the ownership of the road to the Parish.
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As for a lawsuit the homeowners that have been impacted by the failure to maintain the road would ask the court to order the parties obligated by the agreement to maintain the road. Ideally the homeowners should set up a free consultation with a local Land Use Attorneys in the area. Would you like a link for Attorneys in the area that provide FREE consultations?
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Customer reply replied 7 months ago
That's what I am rying to figure out if they won't relinquish then can we take them to court for not taking care of it
The court would order them to maintain the road.
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Customer reply replied 7 months ago
Sure
I am sorry I thought I discussed the court action above when I offered the link for local Attorneys. I see ithis posted on my end. It may not be showing up on your end.
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,346
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified
Attyadvisor and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 7 months ago
Great thank you so much for your help
Customer reply replied 7 months ago
I will definitely rate you a 5
http://lawyers.findlaw.com/lawyer/firm/real-estate-law/pointe-ala-hache/louisiana
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Attyadvisor
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
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