Fortunately, here in California, there are at least a few basic road maintenance measures. Section 845 of the California Civil Code provides that, if there is a private road for the benefit of several owners, the cost of maintaining the road is proportional to the use by the facility. The statutes also provide for legal action for a contribution action allowing paying owners to recover a proportionate share from unpaid owners. This is a step in the right direction, as it allows a few simple paths to collect maintenance costs, but it is not enough to have owners fully protected for most types of problems. While Section 845 allows a co-owner to claim reimbursement for repairs on the road, no owner should improve ease – distinguish maintenance and repairs – and require non-consensual owners to participate in the costs of improvements such as the construction of drainage trucks or sidewalks. No California cases. Factors to take into account are the distance travelled by each of the owners to their home, but the arbitrator could also check whether the residence is occupied throughout the year, the weight of the vehicles driven and certainly the frequency of the journey on the common road. Section 845 indicates that any action may be taken to price costs before, during or after maintenance. The written refund request must first be made to any non-paying owner.

There is no right of the dominant party to recover legal fees. The lawyers here at BPE Law have considerable experience in road maintenance contracts and facilities, and our transaction lawyers have advised owners and developers in California and Washington on the feasibility of such agreements and have considerable experience in developing such agreements. If you or your client has any questions about street maintenance contracts, please contact the BPE Law Group lawyers at 916-966-2260 for advice. If you have immediate questions about real estate, business or other legal issues, please email me at kbdunnagan@bpelaw.com. Decision-making power is an important topic to cover. It forms the basis of the number of homeowners who need permission before certain types of improvements and repairs to common access can be made. Do the parties need unanimous agreement, majority agreement or another authorization number to justify the adoption of the project? What is an emergency that allows an owner to unilaterally repair the access road and ask other homeowners for contributions? Can a majority of homeowners justify a change in the access road from gravel to asphalt? Well-developed road maintenance contracts cover a large number of functions. The most important, of course, is the sharing of improvement and maintenance costs between the beneficial owners. But decision-making processes are also included, emergency repair allowances and cost recovery by other owners, restrictions on use to prevent the extension of access rights and deposit fees are just some of the points that cover road maintenance contracts. Whoever owns the lightening of the roadway has a duty to keep it, not necessarily the owner of the property in charge of the ease. Co-owners of an entry and exit facility can enter and exit a maintenance contract that is often concluded. In this case, the agreement is controlled.