Ray Ronan wrote:Was wondering if anyone has experienced dealings with a contentious "road owner" that has resented the formation of the association.  He resides but does not own a home on the road that he owns.  The way I read the law he does not even have a vote as he does not traditionally benefit from the road.  Is he included in any association dealings/decisions?  Thoughts?

1. has an easement for the use of your association road, -or-
2. is actually part of the same parcel as the road itself. 

Betsy-So he resides in a home that he rents? Because renters can be road association members and vote.

 Ray-I do not see where the law allows a renter a vote.  I suppose an owner could use the "absentee" process but that supposes that the association has incorporated such a thing and we have not.

Betsy-What do you mean by "he owns the road?"

Ray-This person bought a parcel of land from a bankruptcy situation and inherited a short road.  He then proceeded to sub divide by using a loop hole that allowed development, living in the property for two years I think, and then reselling to a relative and doubling the length of the road to accomodate his house sales.  This loophole has since been closed but that is our history.  Whenever an existing parcel that he does not own is developed, if they want access to the road, he charges about $10K for the easement.  I have yet to find a document that supports this but the last easement/access to the road that was bought involved lawyers and was fought over.

Betsy-"Benefit from the road" -- does he use the road? Or does he have property whose use requires use of the road even though he many not be availing himself of that use at the moment?

Ray-Yes, he uses the road.

Betsy-I'm thinking his contentiousness is the real problem. His standing may not be, but that's unclear. If he's not in the majority, the process will take care of him; try that, if possible.

Ray-Yes, his contentiousness is a "nuisance" but is dealt with by the association.  He has thrown up some smoke screens and put forth blatantly false perceptions about what his "rights" are regarding the association (i.e. he tried to convince us that he had veto rights over just about anything we did), that sort of thing.  The house that he built, then sold to a friend but continued living there (getting a picture here?) is in foreclosure so who knows what will happen.  This is not an unusual position for him to be in (picture getting clearer?) I was just curious as to whether or not any other associations have had to deal with this and what their stories were. 

Patricia Dignard wrote:Of course this does not supercede the fact that all owners may have a right of way over the road. 
Also no-one can stop you from forming an association.  That is your legal right.  Does not mean that he has to join.  You cannot not under government law force anyone to join an association.