Question:
I own a home in a planned Community along with 10 other members of our HOA, in Hamilton County Ohio. A rural area outside of Cincinnati Ohio.
All 11 home owners use a shared Concrete 2-1/2 Acre Common Lane to egress to/from our homes. The Common Lane was installed in 1991 and has now deteriorated to an “unsafe condition”
Here’s where I need your assistance! The HOA has always kept the Yearly Fees to a bare minimum, which we have all enjoyed. Therefore, the HOA does not have the $139,000.00 available to pay the Contractors for the new Lane.
Currently, the traffic on the concrete Common Lane has increased substantially with all the new Delivery Services we have today. It’s considered dangerous and is eroding rapidly, causing more damage and liability concerns and must be repaired this summer.
The HOA President is reluctant to get involved with such a large project and has put it off for years. However………. I personally own the 2-1/2 Acre Common Lane! And it is time to tear it out and replace it professionally.
• Can I administer, manage and enforce this Special Assessment for egress to the Community homes myself? As the Legal owner of the Land?
• Or does it have to go through the HOA President for a Community Vote?
• What happens when a Member won’t or can’t pay for their portion of the Special Assessment?
• What are my rights regarding maintaining a safe Concrete Lane on our easement property?
• We have a recorded easement with the country giving the home owners the right to use our property to commute to & from their 11 Lots.
Everyone wants to use it but nobody wants to pay to have it repaired and properly maintained.
What are my options to enforce & collect this Special Assessment?
– Danny
Answer:
Hi Danny,
According to the Ohio Planned Community Law Section 5312.08(1), the HOA is responsible for the upkeep of common areas while owners are responsible for repairing their lots and improvements to their lot.
Hence, the homeowner who owns the lane may be responsible for its repair and upkeep. Whether the homeowner may charge a special assessment (and whether or not it requires a vote) may depend on the community’s governing documents and the recorded easement with the county. It may be wise to speak with the county and consult an attorney for help regarding this issue.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
