closing a portion of a private road

This is a discussion on closing a portion of a private road within the Other Real Estate Law Matters forum, part of the REAL ESTATE & PROPERTY LAW category; I belong to a property owners association. This association owns a private road that is 1 mile long. The board ...

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Old May 12th, 2008, 06:02 PM   #1
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Default closing a portion of a private road

I belong to a property owners association. This association owns a private road that is 1 mile long. The board wants to close down a 100 foot section of that private road because of the dangerous condition of the road. This section of road has many problems and is costing the association too much money to maintain. So they decided that they will close this section off for good. By doing that it will stop a lot of unwanted truck traffic that tries to use that part of the road as a short cut and these trucks are causing a lot of ware and tear of the road bed. My question is, one member of this association has said he will take the association to court over this. The reason is because in the deed it says that - "the association will at all times keep, maintain and improve the parks, streets, roads, avenues and drives above mentioned for the benefit and use of the owners, occupants, residents and inhabitants of the association and their quests. -" Can the board of directors close this 100 foot section of the road. The road does not effect anyone that lives in front of this road. The fire department has other roads to enter on to the main 1 mile of private road if they have to.

Sincerely yours
John
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