Private Road Maintenance Agreement in a Condo complex

[Howard Klahr]

When the form asks for "off-site improvements", that can be construed as off of the entire condominium site, so some appraisers will check "public street" in your situation. But personally, if the subject's private street is a different street name than the public street, I would check "private street" also.

Unfortunately Lloyd it is not gray at all. If you will review the condo form, the question about off-site improvements is part of the section referring to the overall project. A change in street names internal to the project is not related to the question about "off-site" improvements.

PE - Condo docs by default address street maintenance. The internal streets are common elements.

 

[Couch Potato]

If the condo documents do not address the street maintenance ... Id be suspect what else they dont address.

I think someone hasnt looked hard enough at the existing documents. Id bet money its there.

I find it rare for condo documents to address streets/parking area maintenance separately from other common areas unless it is to assign responsibility to a specific owner of limited common area.

The roads on a condominium property are no different than a driveway on an individually owned property IMHO. Even if they have names, and are used for addresses, the unit owner is an owner of the road in the same way a homeowner of a house in partnership with someone else owns his driveway.

 

[Mike Garrett RAA]

My thoughts exactly! Technically the on-site streets or roads are driveways. The consideration should be access to the site or complex and those, typically, are public not private.

 

[Pete Humphrey]

There are several street names within the condo complex that are not on the plat map. Per the city these streets are not considered to be public streets, and are therefore not maintained by the city. Some of the units are 1/4 mile back into the complex and are accessible via several little named private streets that wind their way from the main public street access. So, if the street that my unit is on is considered a public street, I'll eat my hat!

To me it seems obvious that the only way the streets can be maintained is per the homeowners as it is a part of their common area, just like the many greenbelts and swimming pools throughout the complex. I've told the processor (and now the loan officer who is calling me telling me to change the box to public!) that they need to call the property manager to get the info they need and that it is not my job to do this. My job is to call it what it is and to report on it's condition - not to determine how it is maintained.

If you think I'm wrong on my position, please tell me why?

 

[Mike Garrett RAA]

Sorry Pete...it is your job to review the condo declarations so that you do know who maintains the streets within the complex. Also sounds like you haven't done very many condo appraisals.

 

[Couch Potato]

There are several street names within the condo complex that are not on the plat map. Per the city these streets are not considered to be public streets, and are therefore not maintained by the city. Some of the units are 1/4 mile back into the complex and are accessible via several little named private streets that wind their way from the main public street access. So, if the street that my unit is on is considered a public street, I'll eat my hat!

To me it seems obvious that the only way the streets can be maintained is per the homeowners as it is a part of their common area, just like the many greenbelts and swimming pools throughout the complex. I've told the processor (and now the loan officer who is calling me telling me to change the box to public!) that they need to call the property manager to get the info they need and that it is not my job to do this. My job is to call it what it is and to report on it's condition - not to determine how it is maintained.

If you think I'm wrong on my position, please tell me why?

The piece of land on which the unit is located is accessed how? Not the unit itself, but the land on which it is built. Condominiums typically consist of a single piece of land with many units built on that land that the unit owners own together. Obviously the roads on that private property are private, but that does not mean the access to the condominium is via a "private road" any more than accessing a single family home using a driveway is via a "private road."

Just because the piece of land is large, and many units are built on the piece of land does not change the fact it is a single piece of land of which your unit owner has a fractional ownership interest. Again, what is the access to that piece of land? If it was a high rise condominium building, would you claim there was no access by road, only by private elevator for a unit on the fourth floor?