I live in a private neighborhood with protective covenants. We do not have a registered homeowners associaction but have all met several times and agreed to pay into a no interest earning checking account in the subdivion's name for maintenace and repair. $40 per month per household was the amount agreed upon and was paid by each member for several years. There is no formal signed document to this agreement but it is listed in the filed covenants that each household shall pay for roadside maintenance and road repair and repaving. About 2 years ago, 3 members stopped paying into the account ( There are only 5 members in the private subdivision) but expenses were still incured and paid for from the account for roadside maintenance. How can we get the members that are behind in their payments to catch up? One member that is current has sold his house. What if the others that owe a balance sell their home? Can we place a lien on the propertys to protect the subdivision? Each owes several thousand $. I need to know the best approach in order to protect each member's investment in the subdivision.

Well, I believe without specific covenants that state the exact payment agreement you'll have a harder time enforcing antyhing.

I don't suppose anyone in your neighborhood is an attorney? I really think you need some legal advice about how to go about setting up the PROPER covenants.

For what's already been incurred. I believe, from what you've said, that the non-payers COULD be presented with a bill for their share of the actual expenses that have been incurred (that's what the current covenants state, right?). Then if they don't pay up on that the people who have paid for it could take them to court for their share. With the current agreement I think that's about the best you'll be able to do.