another. While these statements will have lile, if any, legal eect upon the respecve rights and remedies of the communies, the inclusion of this language will go a long way to providing clarity and guidance to future residents


For example, a shared maintenance agreement that was created as a result of a landlocked development will oen favor the community that grants access over its roadways. If the shared maintenance agreement in this example was draed in 1970, it is safe to assume that a purchaser in 2015 will have no idea that the shared maintenance agreement actually made it possible for her community to exist. Instead, she may view the shared maintenance agreement as unfair and perhaps seek to address this perceived inequity. A brief descripon of the circumstances surrounding this shared maintenance agreement could have prevented this misunderstanding.


SPECIFIC IDENTIFICATION OF THE SHARED MAINTENANCE ITEMS Given the signicant amount of me that may elapse before an associaon’s execuve board may need to consult the shared maintenance agreement, it is dicult to overstate the need to specically idenfy the shared maintenance items. Rather than state that both associaons “shall share in the maintenance and repair of Roadway A”, it is beer to state that both associaons “shall share equally in the costs for the maintenance and repair of Roadway A which will include: snow plowing; deicing; repaving; and resurfacing.” If the communies wish to include any of the sidewalks, street lights, landscaping, or storm drains located along


Roadway A as shared maintenance items, then these items should be separately idened along with the specic maintenance costs that will be shared.


Connued on page 34


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