M.B. wrote:We have currently been working on forming a formal association for some time, we have been runing an Ad-hock association for years of the last 5 yrs. that I have managed. However one section of the road is looking at forming there own formal association with out the front section. A member has proposed we go it on our own. They would provide services only in exchange with the first half no payment that would be required on the first half.
My Question: is it lawfull for the front to form the seprate asssociation, with fees being set for all residences being charged the same regardless of their location on the road even the ones that have ROW and having there own association that we would not provide services in the back half. However services would be provided to that end of our association. Please advise ASAP so i can inform residences at an upcoming meeting.
Thanks.
I would like to get clarification on what you say.
1. One section of the road (the back) that you have been running as an informal association (both front and back until now) wants to form their own association without the other part (the front)?
2. A member of the front has proposed you "go it on your own" without them?
3. They (the back?) would provide services (what?) to the first half?
4. What is meant by "no payment that would be required on the first half"--?
5. You are asking if it is lawful for the front (the first half) to form a separate association with fees set for all residences the same regardless of their location on the road?
6. What is meant by "even the ones that have ROW?"
7. What is meant by "and having their own association that we (the front?)would not provide services in the back half."
8. By "services would be provided to that end of our association" I take it you mean that the money collected from the members would be used for maintenance, repair and perhaps plowing of the front end, your part. Is that correct?
9. One question: do the people on the back half of the road use the front half of the road? If so, are they proposing to provide services to the front in compensation for their use of the road?
I think this problem can be solved if you clarify and if the membership understands and the majority is in favor.