Alfano Law Office, PLLC

Alfano Law Office, PLLC
Phone: (603) 856-8411 • Fax (603) 290-5521
4 Park Street, Concord, NH 03301
  • Home
  • Real Estate Law
    • Road Law
    • Commercial Real Estate Law
    • Tax Abatements
    • Business Law
  • Estate Planning
  • About Us
    • Paul J. Alfano, Attorney
    • John F. Hayes, Attorney
    • David Howard, Attorney
    • Ariana Baldasaro McQuarrie
    • Privacy Policy
  • Articles
  • Contact Us
    • Directions
  • Road Law Guide
  • NH Tax Abatement
    • Tax Abatement Team
    • Grounds for Abatement
    • Municipal Application
    • Owners of Properties Outside New Hampshire
    • Transfer Tax Allocation
    • Recent Laws and Rulings
  • Resources and Links
    • Calendar and Key Dates
    • Equalization Ratio
    • NAPTA
Home » Blog » Creating a Private Road Maintenance Agreement? Reasons Why Forming an Association is Your Best Option

Creating a Private Road Maintenance Agreement? Reasons Why Forming an Association is Your Best Option

New Hampshire has a new law on the books, and it states that most private roads must have a maintenance agreement. We understand why having an agreement is important. However, an agreement can still create problems. Therefore, we recommend creating an association to ensure there is an extra layer of protection for every person involved.

When you create an association, you have leadership, specific financial accounts, insurance options, and even guidelines for what to do with delinquent owners.

Association Leadership

It is often best if there are specific people in charge of making sure a private road maintenance agreement is followed. The leaders can be voted in and then they would be responsible for holding meetings, sending out the minutes to those meetings, and even signing contracts.

Association Finances

If you do not form an association, an individual person would be responsible for holding onto all the money in their personal checking or savings account. We imagine you can think of all of the ways this could go wrong. At least with an association, a private road maintenance account can be opened. Leader names can easily be added and removed, as new people take over the leadership roles.

Association Insurance

Most insurance companies will issue a policy to associations for the protection of the property. The leaders are often covered in terms of liability too. Without association insurance, most people would need to rely on their personal homeowner’s insurance.

Guidelines for Delinquent Owners

There is always going to be that one homeowner that creates a major headache. They may not want to put money towards the private road maintenance agreement or won’t pay on time. Or they could disagree with what work is being completed or the quality of the work itself.

Creating guidelines can be helpful in these situations. However, an association can also be helpful if a lawsuit needs to be brought against the delinquent owner. The lawsuit is in the association’s name, which makes it easier to collect the judgment and understand where the money must be used.

If you have a private road maintenance agreement or need one, you may want to consider forming a not-for-profit corporation. That is the most common type of association in the state of New Hampshire for private road maintenance agreements.

Property owners that wish to become members of the association would be required to sign a contract. Yet not everyone is required to join the association. While those people who do not join are not required to follow the rules and regulations of the association, they will still be required to follow what is within the private road maintenance agreement.

You can contact me at any time if you have any questions about private road maintenance agreements or forming an association. I will answer your questions honestly and guide you in the direction that is best for you.

Filed Under: General, Legislation, Road Law

The above information is for informational purposes only and does not constitute legal advice.

Locations

Bedford

Concord

Keene

Portsmouth

Subscribe to the Alfano Law Property Rights Alert

Sign Up Now

For Email Newsletters you can trust.

NH Tax Abatement

  • Road Law Guide
  • NH Tax Abatement
    • Tax Abatement Team
    • Grounds for Abatement
    • Municipal Application
    • Owners of Properties Outside New Hampshire
    • Transfer Tax Allocation
    • Recent Laws and Rulings
  • Resources and Links
    • Calendar and Key Dates
    • Equalization Ratio
    • NAPTA

NH Real Estate Law Articles

  • Airbnb
  • Common Neighborly Legal Issues
  • Court Updates
  • Dealing with Neighbors
  • Easements
  • Estate Planning
  • General
  • Historic Designation
  • Legal Documents
  • Legal Terms
  • Legislation
    • Business Law
  • Living Trust
  • New Hampshire Property Tax Alerts
  • Private Road Maintenance
  • Private Roads
  • Property
  • Property Investments
  • Property Rights
  • Property Tax
  • Property Tax Law
  • Quieting Title
  • Real Estate Law
  • Revocable Trust
  • Road Law
  • Tax Abatement
  • Taxes
  • Zoning Boards of Adjustments

Recent Articles

Appeal of Town of Amherst

Housing Appeals Board Decision Affirmed by New Hampshire … [Read More...]

VT Telephone Co. v. FirstLight Fiber Inc.

Denied! Superior Court for the Northern District of … [Read More...]

What Is Road Acceptance?

(This is an excerpt from our Road Law Guide. To read more … [Read More...]

Why Developments Use Ponds to Prevent Stormwater Damage

If you have ever driven through newer developments, you may … [Read More...]

Article Archives

  • Facebook
  • LinkedIn
  • Twitter

Alfano Law Office, PLLC, 4 Park Street, Concord, NH 03301 USA | Phone: (603) 856-8411
Copyright © 2023 · Alfano Law Office, PLLC. All Rights Reserved · Website design by InterActive Synergy, LLC