Moral Questions...Ask before cutting/taking... with a twist

[breamer999]

I know I will probably take the high road on this one, but I want to get a sentiment as to what all you wood burners think.

I live on a private road, with about thirty cottages on it, myself and four others are full timers. I burn wood and so do a few others.

We have a few seasonals who refuse to pay the road fees for the road, the fees are $50 a year for lot owners, $100 for seasonals and $150 for full timers (me). This one person has a two acre lot of softwood, most of it downed, and a cottage on it. Most of the deadfall is white no bark, spruce, just laying there. He refuses to pay the road fees since he says he is only down for two months a year. I have paid my road fees faithfully and so have others for over ten years now, this guy not once in seven years. Part of me has no guilt in "getting my pound of flesh" and cleaning up some his deadfall. He comes in the spring (even though he says he is here only in summer) and tears the road up with this truck. I'm steamed. The court costs of getting the road fees dont justify the $700 he owes us, but each year he refuses to pay, and then it will be $800 then $900.

At which point does the vigilante in me take over?

"Confused in PEI"

Thanks guys/gals

 

[Hurricane]

It's not worth it.
If it comes to an issue with you on his property he will win, and then you will be more angry.

 

[dvellone]

Do your property deeds stipulate any responsibility towards maintenance of the road? I know of some shared driveways where maintenance costs are divided equally and are clearly required to be according to the deeds involved. Then again, I own a property with a private road that cuts through the back end of each owner's parcel and the only responsibility towards maintenance and related expenses is moral. My end of the drive is the entrance and gets the most usage and most wear. I've dumped plenty of labor and expense into it and have received nary a thank you.

 

[Corey]

Yep, though I can certainly appreciate your plight with the freeloaders, I'm kind of the opinion that a mans home/land is his castle. Doing anything to his land will just open up a bag of worms and when it comes to you on his land (for what ever reason) you will probably loose. On the flip side I would also urge following all possible options to get him to pay up the fees he owes.

 

[northwinds]

I completely understand the feeling, but...

The issues are not legally related. Not a good idea to venture into his property. It's the old
two wrongs don't make a right.

 

[breamer999]

There is no convincing him, he is not from Prince Edward Island and is rather curt and rude when asked about the subject. I know the issues are separate, but man, it's frustrating. We lay shale down every year and spend about $2000. Bush hog, shale, grading, tree trimming and he just comes in when he feels like it...

 

[breamer999]

"Do your property deeds stipulate any responsibility towards maintenance of the road?"

Yes, restrictive covenants and the like and it clearly states a road fee is payable each year, on or around June 15th, has been the date

 

[Wet1]

Most communities and associations have at least one AH, and I feel for anyone having to deal with these jackazzes. I would make sure there is legal documentation in place and also implement (and document) a penalty for not paying the fees (3%/month sounds nice). Everyone else has to pay this, why shouldn't he? It's just like paying taxes. If the legal documentation is in place, I don't see how he'd have a leg to stand on. If the legal documentation isn't in place, get it done so this can be stopped in the future. Either way, you guys should drag his azz to court as he's only going to continue causing problems and ring up his debt.

With that said, I wouldn't take his wood. In fact you'd be doing him a favor by cleaning up his property for him, and doing him a favor is the last thing you should be considering doing. Although, I'd be very tempted to do other things for him in his absence :cheese:

 

[breamer999]

Wet1, I think we will probably wait until his arrears are in the thousands, before we take legal action, since that could wipe out what he owes us. We also have absentee lot owners who have not paid the $50 a year as well, and that has gone on twenty or more years for some of these people. Only consolation with them is at least they dont use the road

 

[JustWood]

Send him bills for the total amount and late fees once every 30 days for 90 days. At 120 days send him a certified demand letter for the full amount due in 10 days or legal action will start.
Here in NYS if he doesn't respond you can go to the county courthouse and file a mechanics lein on his house($45). He can't sell his house till the debt is paid .

 

[Wet1]

Wet1, I think we will probably wait until his arrears are in the thousands, before we take legal action, since that could wipe out what he owes us. We also have absentee lot owners who have not paid the $50 a year as well, and that has gone on twenty or more years for some of these people. Only consolation with them is at least they dont use the road

I would make sure there are documented monetary penalties for not paying on time. I'd also look into seeing if a lien could be placed on these properties by your association. If you wait years, you're not only suggesting nonpayment is acceptable, but you also risk these people selling/moving, and then collecting (w/o a lien) will be very difficult.

 

[breamer999]

Wet1:

I like that idea. At some point in the spring, I will bring this forward to the association.

Thanks all.

 

[wellbuilt home]

What you need to do is make a owners association . Then you can make laws with a majority rule . If any one wants a say in what happens they need to be a member . As vic said file a lean for the fee + penalty and interest . John

 

[roac]

Take him to small claims court because it sounds like you have a binding contract. Go Judge Judy on his A$$ and when he loses he will pay your filing fees.

 

[breamer999]

We have all the contracts/agreements etc in place legally. All that is required at this point is the will. We have three members with veto power on the committee, they need to step up and follow through. That may be another time sink hole....

 

[dvellone]

Take him to small claims court because it sounds like you have a binding contract. Go Judge Judy on his A$$ and when he loses he will pay your filing fees.

I agree. Small claims seems like a good route. Gather up your documentation, invoices etc., your deed with stated maintenance obligation, statements from participating landowners and he probably won't have much to support his stance. Around here small claims is quick, cheap and easy. You just got to have all your ducks in a row.

 

[Henz]

START RIPPING DOWN HIS SIDING AND BURN THAT.

 

[ramonbow]

If the free/cheap wood is what you are really after I would say the best way to go about it is to try to make a deal with him. Say something to him like "I've noticed that you must be short on money because you havn't paid your road fee. I'll help you out by paying you X dollars a cord for your downed trees." He gets a little guilty for not paying his road fee and you get cheap wood.

Mark

 

[breamer999]

He is not really approachable, he is francophone from Quebec. Those of you who are Americans may not get my drift, those of you Canadians will most certainly get my drift. This guy is a typical Quebecois

 

[backpack09]

Sell the fee that he owes to a collections agency.

 

[Henz]

IF HE IS THE LAST ONE ON THE ROAD DIG A TRENCH ACROSS IT ABOUT 5' WIDE AND 4' DEEP!

 

[burntime]

IF HE IS THE LAST ONE ON THE ROAD DIG A TRENCH ACROSS IT ABOUT 5' WIDE AND 4' DEEP!

I like that, it really does not matter where he is. Just chain off the road a few days before he comes with a sign that says private drive. Inquire about our road fees Then do nothing in front of his home. Let a 24 inch ditch occur, I would not do a single thing. ORRRRRRRRR

quit wimpering and take him to small claims. With it deeded he will have to come all the way up/down/east/west by you to appear and may just send the check... He agrivated you and welched on the deal, show him it goes both ways. Do it in the worst season so there would be no reasonable point for him to come up with the exception of the lawsuit :cheese:

make sure you send him the bill for a few months and he will really be happy!

 

[JustWood]

Avoid small claims court. All the judge will do is award you a judgement . If he doesn't want to pay and is out of town most of the time the law will have a hard time chasing him. Just put a mechanics lein on his place at the court house and avoid the BS involved with court.

 

[breamer999]

You guys crack me up.

All the road commitee members arrive in June so, I may print a few of these posts. Now remember, the three on the road comittee are the ones who can push this, if they decide not to, then we as a comittee have to agree to vote them off, elect a new road commitee trio and start the legal process.

I just dont understand the thought process of someone who would want to drive by knowing everyone knows he is getting a free ride, no conscience or what

I love this board guys, lets put this to rest and eek out whatever remains of this years burning season

I burned four cords of softwood and one hardwood. this year, ten cord of softwood left and a whole season of warm weather ahead, waiting for next October

Thanks all

 

['bert]

You could always send the SOB out here to Alberta, the boys out on the rigs have some special ways of getting the attention of non-team players. The high on the horse Quebec types don't seem to last to long for some reason. Always go home early on some sort of long term disability claim :coolsmirk: Now I will just pull my collar up a bit so as to cover my red neck. That being said, I have also met some real decent folks from Quebec, and them fellers from the right coast are a special breed. All from NS, PEI & NB are welcome out here anytime.