bdhsfz6
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- Apr 11, 2015
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- Northeastern Pennsylvania
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I belong to an association in a 14 lot subdivision which maintains a 1.25 mile 40' wide ROW which passes through all the lots. As per the individual deeds, we are all to share maintenance costs equally and contribute annual dues for this purpose.
One property owner in the middle of the subdivision, who refuses to pay any association dues, is trying to farm his 4 acre lot. He has installed electric livestock fences on the ROW, narrowing the normal 15' roadway to less than 10'. The association maintains shoulders on both sides of the 15' gravel road to allow vehicles to safely pass each other. Due to the fences, there are no shoulders on this 10' restricted portion and the road is effectively reduced to one lane.
To make things worse, this one lane section is on a steep slope with a sharp blind curve. It's a disaster waiting to happen, especially in Winter when the road is slippery. There have already been two close calls involving delivery drivers. In an attempt to minimize association liability should an an accident occur, warning signs and a 5 MPH reduced speed limit have been posted. Unfortunately, this is no guarantee that an aggressive lawyer won't go after the deeper pockets of the association instead of the limited means of the offending property owner.
This property owner has aggressively opposed all attempts to remedy the situation, even though the work would be paid for by the association. Property owners have been taken to small claims court in the past for refusal to pay dues. The judge in this rural county always sides with the "poor downtrodden property owner" and against the "big, bad, evil association". He knows he could be sued but his comment is, "So sue me. I've got nothing to loose". The problem is, the rest of us do!
We are at wits end trying to find a solution. Hiring a lawyer and taking him to court is a possibility but it would be expensive and, given the political climate around here, there is no guarantee of a favorable solution.
Any ideas would be greatly appreciated.
BTW, comments like "burn 'em out" or "lead poisoning" are tempting but not very helpful.
One property owner in the middle of the subdivision, who refuses to pay any association dues, is trying to farm his 4 acre lot. He has installed electric livestock fences on the ROW, narrowing the normal 15' roadway to less than 10'. The association maintains shoulders on both sides of the 15' gravel road to allow vehicles to safely pass each other. Due to the fences, there are no shoulders on this 10' restricted portion and the road is effectively reduced to one lane.
To make things worse, this one lane section is on a steep slope with a sharp blind curve. It's a disaster waiting to happen, especially in Winter when the road is slippery. There have already been two close calls involving delivery drivers. In an attempt to minimize association liability should an an accident occur, warning signs and a 5 MPH reduced speed limit have been posted. Unfortunately, this is no guarantee that an aggressive lawyer won't go after the deeper pockets of the association instead of the limited means of the offending property owner.
This property owner has aggressively opposed all attempts to remedy the situation, even though the work would be paid for by the association. Property owners have been taken to small claims court in the past for refusal to pay dues. The judge in this rural county always sides with the "poor downtrodden property owner" and against the "big, bad, evil association". He knows he could be sued but his comment is, "So sue me. I've got nothing to loose". The problem is, the rest of us do!
We are at wits end trying to find a solution. Hiring a lawyer and taking him to court is a possibility but it would be expensive and, given the political climate around here, there is no guarantee of a favorable solution.
Any ideas would be greatly appreciated.
BTW, comments like "burn 'em out" or "lead poisoning" are tempting but not very helpful.