Legal Question in Civil Litigation in California

This neighborhood of about 25 properties is served by a private road. All road work to date, for the last 40 years, has been arranged and paid for on a voluntary basis. There is no written road association agreement pertaining to this road. Now, certain neighbors have taken it upon themselves to repave the part of the road that was paved, and chip seal the part of the road that has always been unpaved. They decided to do this with no notification or consultation of all of the affected property owners. But they are threatening to file liens on the property of persons who do not wish to pay or cannot afford to pay. Additionally, note that the latter work, sealing the unpaved road, is an improvement, and not maintenance. Given the secretive and undemocratic nature of their actions, and the lack of a written agreement, and the arbitrary method of deciding who owes what, how can these people prevail with their liens? And what recourse do the rest of us have? Thank you.


Asked on 10/12/15, 2:55 pm

1 Answer from Attorneys
Nicholas Spirtos Law Offices of Nicholas B. Spirtos

I suspect that there is an HOA or some sort of CC&Rs;, easement, or other conditions that apply to your properties and the road. Those documents would be the place to start to find out what the rights and obligations of the properties served by the road are.

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Answered on 10/13/15, 8:08 am


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