Facts

A dispute arose between four condominium associations within a master association as to obligations to pay for the maintenance, repair and upkeep of a roadway easement.  The road connected the four condos and other properties.  The master deeds for each association were recorded in the 1970s.  In 2013, Plaintiff, Bayberry Group, Inc. (“Bayberry”) sought an agreement to share the costs of the road.  As a result, a Common Area Maintenance Agreement (“CAM Agreement”) was created.  The CAM Agreement covered the road and the “lawns and entirety of any … landscaping in the roadway easement.”  A majority of the associations in the master association executed the CAM Agreement, but the four defendant associations did not.  The defendants also refused to pay their share of the fees under the CAM Agreement.  Bayberry filed suit alleging the road easement is a general common element of each of the associations.  Defendants answered denying any road easement as a common element.
Continue Reading Road Maintenance – Who Pays? (Duties under Association Documents and Case Law)