Road Maintenance Obligations Between HOA and Non-HOA Neighbor

In Buck Mountain Owner’s Ass’n v. Prestwich, 174 Wn.App 702 (April 2013), the Court held that when a written road easement does not address who is responsible for road maintenance, courts may, in equity, order a neighboring owner who is not a member of the homeowners’ association (“HOA”) to pay road maintenance assessments levied by the HOA. However, that court order is not a covenant running with the land. Similarly, see Northwest Properties Brokers Network, Inc. v. Early Dawn Estates Homeowner’s Ass’n, 173 Wn.App. 778 (Feb. 2013). There, the Court ordered a non-HOA neighbor with an written road easement that also did not address road maintenance to pay 1/37th of the HOA’s road maintenance expenses, as there were 37th lot owners who used the road to access their lots.

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