Q: HOA - No liability insurance / money / road maintenance. Negligence accident on road - property owners liable?
October 1981 Subdivision recorded. Private Roads. Plat dedicates use of roads to Property Owners. No language on plat transferring Developer road interests to anyone. No HOA mentioned on record plat. Separate "Declaration of Restrictions" filed by Developer in Public Records several days later. Restrictions speak to "an association of property owners" taking ownership and rights of interest in roads. Restrictions have a twenty year term. Developer moves away. Twenty years pass. No HOA formed. Roads maintained by property owners in community effort. October 2004 - HOA formed based on sunset restrictions. Developer contacted and rights transferred into HOA corporation. No authority given for fees or assessments. 2021 - Roads / Right of Ways poorly maintained. I am fearful of a wrongful injury accident and negligence action on a road. HOA has no liability insurance / no money. No one wants to talk about it. I bought a home here in 2011 - what is my liability?
A: Generally, if the roads are private roads dedicated to the owners, the owners would be equally and severally liable, meaning any judgment would be paid by the one or ones who are able to pay. A judgment would be against every owner and if not paid, a lien against each property. Your neighbors need to band together, revitalize the restrictions and impose assessments to pay for insurance and maintenance. That is unless they are willing to risk losing everything.
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