Public Road turned Private

onthebay · 06-03-2011, 09:30 AM

Our home is located on a dirt road in Laconia. When we purchased our house 5 years ago the road was treated as a public way. It was graded twice a year and plowed in the winter by the city. We also received curbside trash pickup.
After the first year the town decided that we were not a public way but a private road and not entitled to curbside trash pickup. the second year they began putting out information that they were going to cut back on the grading and then finally discussed that they were going to cease maintenence including plowing.
Although there is no formal association a leader was picked and discussions held about what could be done. A lawyer hired and money spent. This held the city at bay for the next two years but at the end of the summer the informal leader sold his house and one of the longtime residents who was well respected in the community passed away.
The letter came during the winter that this was the last year they were plowing and there would be no grading in the spring.
I was told that we do not need a formal HOA but could simply create a maintenence agreement with all of the owners on the street to pay for plowing and grading. Does anyone have expereience with this or examples of existing agreement that they may have been used. What is the benefit or drawback to creating an HOA. Is it expensive attorneys involved.
I will be coming back from FL in a couple of weeks and hope to get a meeting together with the neighbors and am trying to do some homework...Thx

06-03-2011, 09:30 AM	#1
onthebay Senior Member Join Date: Sep 2005 Posts: 114 Thanks: 0 Thanked 3 Times in 2 Posts	Public Road turned Private Our home is located on a dirt road in Laconia. When we purchased our house 5 years ago the road was treated as a public way. It was graded twice a year and plowed in the winter by the city. We also received curbside trash pickup. After the first year the town decided that we were not a public way but a private road and not entitled to curbside trash pickup. the second year they began putting out information that they were going to cut back on the grading and then finally discussed that they were going to cease maintenence including plowing. Although there is no formal association a leader was picked and discussions held about what could be done. A lawyer hired and money spent. This held the city at bay for the next two years but at the end of the summer the informal leader sold his house and one of the longtime residents who was well respected in the community passed away. The letter came during the winter that this was the last year they were plowing and there would be no grading in the spring. I was told that we do not need a formal HOA but could simply create a maintenence agreement with all of the owners on the street to pay for plowing and grading. Does anyone have expereience with this or examples of existing agreement that they may have been used. What is the benefit or drawback to creating an HOA. Is it expensive attorneys involved. I will be coming back from FL in a couple of weeks and hope to get a meeting together with the neighbors and am trying to do some homework...Thx