Legal Question in Real Estate Law in Washington
Private road maintenance agreement
Our community is served by private gravel roads built over I,E & U easements crossing many of the individual properties. Our recorded maintenance agreement states (in part) ''Road maintenance shall be limited to: filling of pot holes and regrading of roadways, ditches and gravel as reasonably necessary to enable the Lot Owners to use the Roads for ingress and egress to the Lots.'' A few years ago a voluntary association was formed to facilitate the annual maintenance and collect the fees. This association went ahead on their own and paved a portion of the road system (to increase their property's value) and now has expanded maintenance fees to include pavement maintenance, signage, street sweeping, liability insurance (for them), etc. Several of us property owners do not want to pay above what is required for gravel road maintenance (now only a small part of the larger road system). Should we be required to? I do not want to lose the maintenance agreement we have by way of it being ignored and therefore losing it's meaning. Our community consists of approximately 90 properties.
1 Answer from Attorneys
Re: Private road maintenance agreement
I don't understand how this maintenance association got itself created and started spending your money without your noticing it.
The problem is that you have accepted the benefit of the bargain by allowing this to happen. A court isn't going to have a lot of sympathy, because it increases your property values, too.
If a few years ago you had insisted that the maintenance agreement be enforced as written, you would be in s stronger legal position. As it is, you have let it go for two years, and as such, the new association has a much stronger case that you now have to pay as they determine.
Another attorney may see this differently, and I would encourage you to find a local attorney who understands easements and improvements and discuss this with that person.
Hope this helps. Elizabeth Powell
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