Legal Question in Real Estate Law in Iowa

I live in a private subdivision where all lot owners are responsible for road maintenance. The original road maintenance agreement was made in 1978 and basically stated that all lot owners pay an equal share of the road maintenance costs. It also stated that all road maintenance decisions require a simple majority to pass. After that time a home was built on 2 lots, and all lots have homes on them now. In 2005 the home on two lots was purchased by a family who has refused to pay for 2 lots worth of road maintenance costs (they have been paying for one lots worth). In 2007, a majority of lot owners agreed to only require the home on two lots to pay for one lots worth of road maintenance fees, but for some reason, all thought that would require a unanimous agreement to be implemented, so we thought at the time that this decision didn't pass. My contention now, after reading the abstract and the road agreement documents thoroughly, is that the majority agreement that occurred in 2007 to require only one lots worth from the home on two lots falls under road maintenance decisions, and since it passed then with a majority, that is the new rule. There has been a lot of disagreement from some of the lot owners on this, and they are insisting the home on two lots pay two lots worth of road maintenance costs. What say you?

Asked on 5/19/16, 10:24 am

Stephen Lombardi Lombardi Law Firm

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0 attorneys agreed

I say a lawyer would need to read the Road Maintenance Agreement to answer your question. That is what say me.

Answered on 6/12/16, 6:37 pm

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