A common issue that we hear about concerns the inability of associations to get everybody to pay their share of annual road dues. Some associations cannot collect an adequate amount of money for proper road maintenance because sometime in the past one property owner dissented from paying for whatever reason, and then others dissented to show support or would not pay because someone else was not paying road dues. The list of different excuses/reasons for not paying is quite long.
Resolving these differences amicably and between neighbours is the best option.
Small Claims Court should be considered a last-resort option. Courts make judgements based on the information presented, so it is important to get your facts straight before applying.*
FOCA Member Associations are welcome to access additional MEMBERS-ONLY resources (if you are not yet signed in, you will be prompted for your Member Login):
- Road Issues – FOCA Survey Results for Members (2011)
- Case Study of Success Collecting Road Fees – from a FOCA Member group (2011)
- Case Study of Small Claims Court route – from a FOCA Member group (2012)
- Case Law about Unjust Enrichment – Point Abino (1997)
Not yet a Member? Find out why you should be, and how to join…
*NOTE: FOCA cannot provide legal or insurance advice about road issues. If the information above does not address your situation, you should pursue legal and/or insurance advice on your own.