[WSBARP] HOA dues for road

[mlstone at rockisland.com]

The San Juan County case of Buck Mountain OA v. Prestwich, 174 Wn. App 720, says that concurrent users of a shared easement with no road maintenance agreement still must share in road maintenance.

 

 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Robert R. Cole
Sent: Monday, August 24, 2020 5:54 PM
To: WSBA Probate & Trust Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] HOA dues for road

 

Mates:  It appears some off-plat neighbors have long been using the HOA's private roadway for access.  All other users pay for road maintenance to the HOA.  I figure the neighbors would have a prescriptive easement for the use.  But what about making them pay for maintenance?  Would it matter if they only used about 2% of the road for access?

-- 



 

Very Truly Yours,

Robert R. Cole

Law Office of Cole & Gilday, P.C. 

 

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