By Greg McAloon, Esq.Sachs Sax Caplan, P.L. Homeowners’ associations (HOAs) and condominium boards are already under increasing financial pressure. Between rising insurance costs, post-Surfside safety requirements, and mounting special assessments, many communities are stretched thin. Yet a lesser-known issue is quietly adding another layer of financial strain: associations being required to maintain public roadways. It sounds counterintuitive, but it is happening with increasing frequency across Florida. How This Happens When a developer seeks approval for a large-scale project, local governments impose conditions as part of the permitting process. These conditions often include roadway construction, improvements, or impact fees, and in many cases, these requirements are appropriate. New development increases density and intensity, which results in increased traffic impacts on public roadways. The increased density and intensity directly results in increased wear and tear, and requiring the developer to contribute financially to mitigate those impacts is fair and logical. The problem arises when the obligation does not end with construction. In several matters I am currently handling, local governments required developers, as a condition of approval, to not only build public roadways, but also shift permanent maintenance responsibilities onto the homeowners’ association after turnover. The developer agrees to these conditions not because they directly benefit future homeowners, but because they are necessary to secure project approval. Once the developer completes the project and exits the development, responsibility for maintenance of the public roadway — and any associated burden — shifts to the homeowners’ association. This results in everyday homeowners paying to maintain infrastructure used by the general public. A Real-World Example In one instance, a homeowners’ association is obligated to maintain a roadway for which it cannot even directly access from its community. The road primarily serves a neighboring apartment complex that recently sold for over $100 million. The association receives no benefit, no direct access, and no control, yet bears the full cost of maintenance of the public roadway. Put simply, in some instances homeowners’ associations are subsidizing roadways for large-scale developments that primarily benefit the public. What Is the Legal Issue? This practice raises serious concerns under a legal concept...