Policy 11 - Performance of Road and Drainage Work

Original Date Established: 1973
 
 Revision Date: August 11, 2007
 
Source: Road Agreement.   “The primary duty of the COMMITTEE shall be to act for the landowners as a whole in the enforcement of these restrictions, and in providing for the repair and maintenance of the roads covered hereby. . . .”  and “The Committee’s decision as to the location and nature of work of maintenance and repair shall be final.”  
 
Objective:  To ensure road and drainage work are performed to Committee standards and with the knowledge and approval of the Committee.    
 
 
Policy and Procedure: 
 
As tasked by the Road Maintenance Agreement, the RHRMC is responsible for maintaining, and will continue to perform its legally mandated duty to maintain, the community roads including all related easements designated in the Declaration of Restrictions.  This responsibility includes seeking redress for any damage any owner in the community inflicts, directly or indirectly, on the community roads or easements under the Committee's jurisdiction to maintain.  No owner within the community is legally permitted to engage in work on their property which interferes with the legal access of all other owners to the community roads. 
 
No road work or repair or related road drainage work or repair, other than cleaning, clearing obstructions or weed abatement,  shall be undertaken by anyone without prior notification and approval of the Rancho Heights Road & Management Committee.   If any such work is performed without the prior approval of the Committee, such work will be examined by the Committee.  If the work as judged by the Committee fails to meet Committee standards, the work will be undone by the Committee and its contractors and the property owner who performed the work will be charged the exact amount of the cost to undo the work performed.    The Committee reserves the right to order those engaged in unapproved work undertaken without prior notification to cease and desist from performing the work until such time as the Committee can review the quality of the work and decide if it complies with Committee standards.  If a property owner has been required by the County of San Diego to improve sections of road in order to subdivide a property, that owner shall notify the Committee in advance of any work to be performed so that the Committee might review the nature of the work and confirm that it meets Committee standards.  No voluntary road work performed by a property owner either with or without Committee approval shall be paid for with Community assessment funds. 
  
 
The policies of the Rancho Heights Road & Management Committee have been established  in accordance with the Declaration of Restrictions and Road Maintenance Agreement recorded at the County of San Diego Document #73-01969 section 9.
 
Policies are intended  to serve as  a framework  for the Committee’s decision-making process and shall not be construed  in any manner to restrict the decisions of the Committee in any specific circumstance. All circumstances will be evaluated on a case by case basis and  policies shall be interpreted and  applied by the Committee  per it’s  authority granted by  the Declaration of Restrictions and Road Maintenance Agreement. All decision made by the Committee are binding and final.
 
Policies and Procedures are subject to revision at the discretion of the Road committee.