Gated HOA Gated Community Streets Responsibility

By Robert Lee Long
Citizens say streets in Cross Creek, a private gated community in Hernando, are in need of repair and one of the ways to upgrade their condition is to make them public. One way to achieve improvements and upgrades is to turn the streets over to the city. At issue, however, is the fact that plats of the subdivision will have to be changed, and if the streets are taken into the city, they will have to be accessible to the public.

Leigh Pegram, president of the Cross Creek Homeowners Association, said the group is exploring their options and has retained an attorney. She plans to brief Homeowners Association members on information she received at Tuesday’s board meeting at an upcoming meeting of the Homeowners’ Association.

City Attorney Kenneth Stockton said Cross Creek is platted and recorded as a private gated subdivision. Stockton is seeking an Attorney General’s Opinion on the public access issue. Pegram disagreed slightly, saying the word “private” never appears on the plat. However, at present individuals must have an access code to gain entrance into the subdivision. There are presently two active gates and an emergency gate to allow law enforcement officers and firefighters access to the subdivision.

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One Response to Gated HOA Gated Community Streets Responsibility

  1. cate says:

    I recently read the article on this site about the streets belonging to the HOA. I discovered in the Richmond area of Virginia that this is a dirty little secret that even the local municipalities are hiding from the homeowners. You cannot buy a newer home in the Richmond area that is NOT in an HOA. If the builder/developer did not pay extra money to the county or city to build the development, the HOA membership is responsible for the infrastructure (including streets). This is just another way of taxing the homeowners. Cities and County municipalities like it because it reduces their costs, but homeowners get a huge surprise if and when they are finally hit with the cost of upkeep.

    Moreover, scum bag lawyers AS WELL AS the realtors ALL know about this and no one says a word! You might think that the lawyer that represents the homeowner at settlement might say something but they are totally silent and never say a word unless the homeowner KNOWS to ask the question. Most people would never even think to ask the question or even consider that they NOW must repair their street. The system is broke and no one is making any attempt to fix it. Only thing going for Virginia is that they have a law that says that the homeowners must receive the docs in advance and if they do not the sale does not go through. I recommend that if you are interested in buying a property in an HOA that you DEMAND IN WRITING copies of all HOA documents, CCRs, By-Laws, and at least 6 most recent meetings Weeks ahead before you sign and READ THEM cover to cover! Also you should demand any known issues, costs, etc. – hire a lawyer to address these concerns if you do not feel that you are competent to make this assessment and pay him accordingly. Then and only then you might get a better deal and honest appraisal of the development. Know this as well. It is not uncommon in most towns in the South that every scum bag lawyer who does a lot of business by representing clients at settlement is probably in bed with the contractors. This should not be allowed – it is conflict of interest. The reason I know this is because when a scum bag developer tried to skirt the law in Virginia about giving us the HOA docs to build and did not, trying to hire a lawyer was almost impossible. You almost have to leave Richmond to find a lawyer that does not have a developer, contractor or whatever in the building industry already as his client. It’s a wonder this country is still standing with all of the housing fraud/misrepresentation going on at all levels.

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