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1998 SESSION

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HB 581 Road maintenance fees in certain county subdivisions.

Introduced by: Frank M. Ruff | all patrons    ...    notes | add to my profiles

SUMMARY:

Road maintenance fees in certain county subdivisions. Provides that upon a petition of a landowners' association, the Circuit Court of Mecklenburg County (described by population) may conduct a hearing and modify covenant provisions of any previously recorded deed of dedication or other document relating to road maintenance fees. Such petition shall be made only after approval by a majority of the association members. All lot owners within the subdivision shall be made a party to the cause regardless of whether they are subject to deed restrictions related to road maintenance. If the court finds that the roads in the subdivision require maintenance in excess of that provided for with the road maintenance funds specified in the covenants to ensure the convenience or public health, safety, and welfare of the subdivision or to permit emergency vehicles ready access to the residents of the subdivision, the court may increase the fees required for road maintenance to the extent reasonably necessary. Alternatively, the court may order that such fees be set by the board of directors of the landowners' association. The court may impose such fees on all parties to the cause, whether or not such property owners are subject to deed restrictions related to road maintenance. This section shall apply only to subdivisions where (i) the county requires that road maintenance be provided by a landowners' association, (ii) public road maintenance is not provided by the Commonwealth, (iii) roads maintained by the landowners' association provide the sole ingress and egress to landowners as well as to law-enforcement and emergency vehicles and (iv) some, but not all, lots within the subdivision contain deed restrictions related to road maintenance.


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