R.O.W. Problem

[zzvyb6]

There probably will soon be a vehicle crash that involves the fence and roadway maintenance. At that time, it will be fair to ask: Who was at fault, who was to blame for the roadway incursion, who will pay, and who will get away with it ?
If it's not a private road, the the local Road Commission has a stake in it, so to speak. Ask them for advice, regardless of 'who' it belongs, to.
Personally, I'd move before the whole place turns into a pigsty. If he gets away with it, there will be more scofflaws.

 

[Dftodd]

Is the membership for the HOA mandatory (deed restriction)? or is it voluntary??

I used to live in a subdivision where the HOA wasn't part of the deed. So membership was voluntary.

The only thing the association was for was to keep the lights on the entrance signs and maintain the little bit of landscaping that was attached to those signs.

They had no sway or pull on the neighborhood and could only enforce county ordinances. And by enforcing, I actually mean calling code enforcement if they noticed something. They had zero teeth and no authority what so ever to do anything.

I didn't pay any HOA dues the whole time I lived there. And the few times they tried to throw their weight around, they were politely told to leave.

 

[Dftodd]

Kinda had a quick laugh as an ad with a cat licking itself came up between posts.

View attachment 787613

As for the one property owner not complying with the HOA rules, and a judge refusing to enforce them, get the HOA lawyer on them. Run it up to the next level court, and charge the non-complying owner the legal fees. See if the HOA can get X multiple of judgement, too. The bigger the potential loss, the more likely a person might reconsider their actions.

Good luck.

It depends on the paperwork for the HOA and neighborhood restrictions and covenants. If HOA membership isn't listed anywhere in any of the property paperwork, then it's voluntary.

Then it's up to the individual if they want to join the HOA or not.

A Voluntary HOA has no teeth and can only enforce local ordinances. And by enforcing, I mean calling the proper authority and filing a complaint.

 

[bdhsfz6]

There probably will soon be a vehicle crash that involves the fence and roadway maintenance. At that time, it will be fair to ask: Who was at fault, who was to blame for the roadway incursion, who will pay, and who will get away with it ?
If it's not a private road, the the local Road Commission has a stake in it, so to speak. Ask them for advice, regardless of 'who' it belongs, to.
Personally, I'd move before the whole place turns into a pigsty. If he gets away with it, there will be more scofflaws.

Some of us are already considering a move but this is only one of the reasons.

 

[workinonit]

My HOA consists of My wife, me and the president of the HOA, my wiener dog, Buddy. What he says goes.

 

[bdhsfz6]

Is the membership for the HOA mandatory (deed restriction)? or is it voluntary??

I used to live in a subdivision where the HOA wasn't part of the deed. So membership was voluntary.

The only thing the association was for was to keep the lights on the entrance signs and maintain the little bit of landscaping that was attached to those signs.

They had no sway or pull on the neighborhood and could only enforce county ordinances. And by enforcing, I actually mean calling code enforcement if they noticed something. They had zero teeth and no authority what so ever to do anything.

I didn't pay any HOA dues the whole time I lived there. And the few times they tried to throw their weight around, they were politely told to leave.

Our POA is very informal. As is the case with most rural developments in the county, there is no legal incorporation.
We hold meetings and have a non interest bearing checking account to avoid having to file a tax return. That's all. We have no weight to throw around and participation is voluntary. Non participation in the association has nothing to due with the ROW obstruction. That's a separate issue.

The wording of the deeds simply states the property owners will share equally in ROW maintenance. There is no mention of an association.

There are very few restrictive local or county ordnances in this rural part of the state.

 

[JJT]

Violations of deed covenants/restrictions are a civil matter, there is nothing you can do to escalate with the sheriff or town or county. At a minimum the HOA needs to take this guy to small claims court every time he misses his annual HOA dues. If the dues are "voluntary", why would anyone pay?

I've said it many times, "Good neighbors are PRICELESS".

 

[bdhsfz6]

Kinda had a quick laugh as an ad with a cat licking itself came up between posts.

View attachment 787613

As for the one property owner not complying with the HOA rules, and a judge refusing to enforce them, get the HOA lawyer on them. Run it up to the next level court, and charge the non-complying owner the legal fees. See if the HOA can get X multiple of judgement, too. The bigger the potential loss, the more likely a person might reconsider their actions.

Good luck.

It may come to that Moss but none of us have much money to throw at the problem. The legal approach could get expensive.

 

[bdhsfz6]

Violations of deed covenants/restrictions are a civil matter, there is nothing you can do to escalate with the sheriff or town or county. At a minimum the HOA needs to take this guy to small claims court every time he misses his annual HOA dues. If the dues are "voluntary", why would anyone pay?

I've said it many times, "Good neighbors are PRICELESS".

A good question. Most of us pay because we want a road to get to our property and we want to protect property value.

Good neighbors are indeed a blessing. Most are but all it takes is one who isn't.

 

[workinonit]

Move the road and bypass his property.

 

[workinonit]

Does he use the road to access his land? Go around him, block him off temporarily and give him something to think about. You can't block him for long if it's his only egress but you can sure make him sweat for a bit.

 

[arto98607]

Does he use the road to access his land? Go around him, block him off temporarily and give him something to think about. You can't block him for long if it's his only egress but you can sure make him sweat for a bit.

That would be a big time escalation!

 

[workinonit]

That's how I roll. Certainly nothing wrong with bypassing his property with the road and if he has access to his land another way you are certainly in your rights to block him if you are doing so on your property. Sometimes escalation is all some folks understand.

 

[RustyA]

If this fencing was in a township or county road right of way the county or township would remove the fencing and bill the landowner for removal expense. You do still retain ownership of the right of way but your use of it is restricted.

 

[riptides]

Sorry for the troubles.

ROW's are classified as public property. The landowner has no right to block access.

Are their ingress/egress easements defined in the HOA covenants somewhere?

I'd tear the fence down and continue to do so until the issue is resolved.

Paying dues is another matter entirely.

 

[bdhsfz6]

Move the road and bypass his property.

A definite possibility but would involve other, possibly uncooperative, land owners. It would also cost money we don't have.

 

[bdhsfz6]

If this fencing was in a township or county road right of way the county or township would remove the fencing and bill the landowner for removal expense. You do still retain ownership of the right of way but your use of it is restricted.

Very true but the township & county have far more clout than our meager association.

 

[riptides]

Also,

Are there any fines associated with non-compliance of HOA rules, covenants and/or by-laws?

That could be an avenue to approach as far as placing liens go to start resolution of the issue.

 

[bdhsfz6]

Sorry for the troubles.

ROW's are classified as public property. The landowner has no right to block access.

Are their ingress/egress easements defined in the HOA covenants somewhere?

I'd tear the fence down and continue to do so until the issue is resolved.

Paying dues is another matter entirely.

Exactly, but just how much of the ROW needs to be blocked before we can make legal action stick? Is a one lane road enough? It depends on who you talk to. If it were blocked completely, I'm sure we could seek legal recourse.

We have no covenants. Our association is a few neighbors shaking hands and a checking account. It isn't even mentioned in the deeds.

 

[bdhsfz6]

Also,

Are there any fines associated with non-compliance of HOA rules, covenants and/or by-laws?

That could be an avenue to approach as far as placing liens go to start resolution of the issue.

See the post above.