The language of our private road agreement says all owners are responsible for costs of repair,maintaining, constructing, and reconstructing the road. And is says it takes a majority to do any of the above. 5 of the owners want to pave the road and have agreed to but the remaining owner says paving is an improvement to the road therefore it is outside the original agreement so he will not pay ( he just has a lot on the road and is planning on holding it to develop it at a later date) . We feel that paving falls under constructing and or reconstructing. Are we right in our thinking? We are planning to go to court if need be to get the judge to decide.
I can't recommend looking to Avvo for a free answer b/c it will be incomplete. This is the sort of thing that needs to be addressed by having experienced real estate counsel review governing documents and write an opinion letter.