Hello -
Can a road association file a mechanics lien for failure of a homeowner to pay their share or the road maintenance fees of a private road in Vermont?
Thank you!
S.
2 replies
Sep 30, 2019
Mechanics liens provide a security interest in the property improved to a party who furnishes labor and/or material to improve it. In Vermont, 9 V.S.A. § 1921 states that liens are appropriate "when a contractor or agreement is made . . . for erecting, repairing, moving or altering improvements to real property or for furnishing labor or material therefor" and that an appropriate lien claimant is "the person proceeding in pursuance of such contract or agreement."
Providing cash or monetary services is generally not labor or material sufficient to qualify for mechanics lien protection. Additionally, when the work provided is mere maintenance there are potential questions whether the work rises to that protected by mechanics liens, which usually require some type of "permanent" improvement.
There are, however, a couple of potential remedies or paths forward here.
1) The improvement to the road may be a lien-able improvement for the party actually performing the work. To the extent that the road improvement contractor is unpaid, that party may have a lien upon any of the parcels through which the road runs in proportion to the total amount due. The contractor may then proceed against the non-paying party's property.
2) Presumably, the road association is formed pursuant to some HOA or other horizontal property agreement, that provides mechanisms for securing the amount die for regular or special assessments. HOAs are generally entitled to lien a participant's property for the failure to pay required assessments, and can file and enforce these liens in a similar fashion to mechanics liens. More information about such liens, and their priority against other encumbrances on the property, can be found here.
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Helpful
Apr 8, 2021
We have a Road Association for maintenance on a private road with one individual who refuses to pay the yearly fee of $500. She did pay it four years ago but refuses now. She has put gravel on the road herself which is contrary to our by laws. Requests payment but does not submit the contractors bills. All residents have been notified many times that any work done without permission is at their expense and we do not want work being done as we have specific budget.