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ZG,
Is there a HOA agreement tied to everyone's property on this road? Usually with private roads, there's a HOA for the purpose of road maintenance. Even if the HOA is rarely used - only when needed, it's a legal means to tie his property to the costs of maintaining the road.

Yeah, we all know he won't pay - but...
If you improve the road - and he has the option to use it (read: you don't block access to it) - then just file a property lien for his share of the unpaid expenses. He probably won't pay you now - but at some point he can't sell/refinance/transfer the property without paying off all liens against the property. AND you can accrue 10%(?) interest on unpaid fees. (Verify the %, but that's some dang good ROI in today's market.)
Over 10-12 years - that compounding interest really adds up!

I think you've got the right approach. See if the city can help resolve the problem.
If not, get an attorney to review options - and contemplate a way to place liens against his property, since you're doing the work anyways.

If you need an attorney that specializes in HOA stuff, I think one of my neighbors is in that business.

My sincere apologies. This really sucks for you.
I hope you find a way to resolve this and get your sanity back.

<blockquote data-quote="-Pjackso" data-source="post: 3371017" data-attributes="member: 8119">ZG,Is there a HOA agreement tied to everyone&#039;s property on this road?&nbsp; Usually with private roads, there&#039;s a HOA for the purpose of road maintenance.&nbsp; Even if the HOA is rarely used - only when needed, it&#039;s a legal means to tie his property to the costs of maintaining the road.Yeah, we all know he won&#039;t pay - but...If you improve the road - and he has the option to use it (read: you don&#039;t block access to it) - then just file a property lien for his share of the unpaid expenses.&nbsp; He probably won&#039;t pay you now - but at some point he can&#039;t sell/refinance/transfer the property without paying off all liens against the property.&nbsp; AND you can accrue 10%(?) interest on unpaid fees.&nbsp; (Verify the %, but that&#039;s some dang good ROI in today&#039;s market.)Over 10-12 years - that compounding interest really adds up!I think you&#039;ve got the right approach.&nbsp; See if the city can help resolve the problem.If not, get an attorney to review options - and contemplate a way to place liens against his property, since you&#039;re doing the work anyways.If you need an attorney that specializes in HOA stuff, I think one of my neighbors is in that business.My sincere apologies. This really sucks for you.I hope you find a way to resolve this and get your sanity back.</blockquote>

[QUOTE="-Pjackso, post: 3371017, member: 8119"] ZG, Is there a HOA agreement tied to everyone's property on this road? Usually with private roads, there's a HOA for the purpose of road maintenance. Even if the HOA is rarely used - only when needed, it's a legal means to tie his property to the costs of maintaining the road. Yeah, we all know he won't pay - but... If you improve the road - and he has the option to use it (read: you don't block access to it) - then just file a property lien for his share of the unpaid expenses. He probably won't pay you now - but at some point he can't sell/refinance/transfer the property without paying off all liens against the property. AND you can accrue 10%(?) interest on unpaid fees. (Verify the %, but that's some dang good ROI in today's market.) Over 10-12 years - that compounding interest really adds up! I think you've got the right approach. See if the city can help resolve the problem. If not, get an attorney to review options - and contemplate a way to place liens against his property, since you're doing the work anyways. If you need an attorney that specializes in HOA stuff, I think one of my neighbors is in that business. My sincere apologies. This really sucks for you. I hope you find a way to resolve this and get your sanity back. [/QUOTE]

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