Can We Create a Private Road Maintenance Agreement Signed By a Majority of Owners?
Full Question:
Answer:
It is possible to have a maintenance agreement involving a private roadway. Unless local laws require all owners to sign, it is possible that a road maintenance agreement may be signed by less than all of the abutting owners, and only be binding on those that signed. We suggest calling the local Board of Supervisors or land use department to inquire about the particulars involved, as regulations vary by local area. Please see:
http://www.maricopa.gov/BOS/
Road associations can organize in a variety of ways. While some exist based upon verbal agreements, it is recommended to have a written agreement that is notarized and filed with the county recorder, making them legally binding to the individuals who have signed them and to future property owners. An agreement that allows establishment of property lien rights for fee collection is important. In some cases, a private road association takes the form of a homeowner's association or non-profit corporation.
Please see part VI at the following link:
http://www.awqa.org/pubs/conservation/PrivateRoadGuide.pdf
The following is an example of a municipal ordinance governing private road maintenance agreements:
4.2.8 A permanent private maintenance agreement shall be required of all access easements serving two or more lots. The agreement, in proper form, shall be recorded in the Loudoun County land records and reflected in the chain of title of such lot in order to set forth that the construction, repair and maintenance of the roadway connecting such lot to the public road is not the responsibility of the Town or the State and to set forth legal binding responsibilities for the parties who are responsible for construction, repair and maintenance, including snow removal, and all pertinent details. The agreement shall be between the owner of the lot, the contract purchaser, and all other parties, if pertinent to the purpose of the agreement.
For further information, please see:
http://www.coldspringsexcelsior.org/coldsprings/Private%20Road%20Ordin%206-2-03.pdf
http://www.communityplanning.biz/counties%20and%20twps/pike/Milford/comp%20plan/11%20transportation.pdf