[WSBARP] Road Maintenance cost allocatio

[Carmen Rowe]

Hi Tim -

A common method is to simply designate that measurements shall be an X %
that is roughly equivalent to either the driveways or the property
boundaries. I personally prefer the latter, both because you can then use a
more precise calculation and because it will remain consistent. While I can
appreciate some clients prefer up to the driveway as the rest isn't
actually used by them - and technically that is what the plat would require
- for reliability of the calculation, given the person still has the right
to use that road,

I really dislike these kinds of provisions as then you also raise the
question of "usage" beyond distance. Some owners will complain that they
only use their drive modestly (say a single person or couple) where another
uses their drive several times a day such as a larger family, small
business, if there is a multi-unit complex, etc. I find those complaints a
bit petty but they happen - though more merit to an objection when possible
commercial use, which can greatly expand use in frequency and type of
vehicle even if just doing deliveries, much less individual clients. In
such a case you can always look to see if the easement for drives is
restricted to residential ingress/egress (common). And I've had a case
where the owner drove semis, another where they had a construction
business, so their use and impact on road significantly more given the
heavy vehicles (though in both cases they willingly contributed extra by
occasional specific maintenance they solely paid for).

Either way you can see the problems, and how they can give rise to issues
in a community that has a particularly fussy neighbor or neighbor tensions
in quibbling about "useage". So if you can get some agreement between the
neighbors that narrows "usage" thing this down, like using a straight
percentage (and perhaps limitations on residential versus commercial),
that's awesome.

I'd also recommend that you include language as to the base level of
maintenance - i.e., "in present condition" even does it; or specified type
(say gravel). There is common law on it (any improvements must be paid by
the owner(s) wanting it and cannot be passed on to the other owners), but
again ambiguity can lead to conflict. So being clear on what the base is
from which you'd calculate "improvements" can prove helpful down the road.
Including possibly considering provisions for expansions of drive to fill
the easement space where original road only took up part. I've had issues
where a back-lot neighbor ended up with a big truck or use of horse (or
other) trailers and needed to expand wider (still within the easement), but
other owners objected to costs as it wasn't them that needed it.

Carmen

>
Date: Mon, 30 Nov 2020 22:47:39 +0000
From: Timothy Lehr <timothy at stileslaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Road Maintenance cost allocation
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All,

I'm hoping for suggestions regarding a road maintenance agreement for a
private road. There's approximately 10-15 homes on a private, dead-end
road. I need to determine how to allocate costs for maintenance and
improvements of the road. From where the city road connects to the private
road, the first house you come to obviously uses a smaller portion of the
private road as compared to the last house on the end of the private road.
The plat map states that "All maintenance and/or construction of private
roads is the responsibility of the lot owners and shall be in direct
relationship to usage of said road."

Is there a common way of calculating the percentage or amount each
homeowner should be responsible for based on use? Like where the house on
the end of the private road would pay more than the first house on the
private road? I'm just having trouble determining what that calculation
might look like.

I would greatly appreciate any suggestions or sample provisions. Thank you!

Tim

Timothy C. Lehr
Attorney at Law
Stiles Law Inc., P.S.


Carmen Rowe, Attorney/Owner



Phone: (360) 669-3576 (direct cell)
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