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1999 SESSION

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986432442
HOUSE BILL NO. 581 Offered January 21, 1998 A BILL to amend the Code of Virginia by adding a section numbered 15.2-2257.1, relating to road maintenance in certain counties. ---------- Patron-- Ruff ---------- Referred to Committee on Counties, Cities and Towns ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 15.2-2257.1 as follows:

§ 15.2-2257.1. Road maintenance fees in certain county subdivisions.

A. Upon a petition of a landowners' association, the Circuit Court for any county with a population between 29,100 and 29,500 may conduct a hearing and modify any and all covenant provisions of any previously recorded deed of dedication or other document relating to road maintenance fees as to any roads located within the subdivision. Such petition shall be made only after approval by a majority of the association members attending an association meeting called for such purpose.

B. Upon receipt of the petition, the court shall, if all owners of lots within the subdivision are not before the court, enter an order of publication under the provisions of subdivision 3 of § 8.01-316, making the owners of all lots, not owned by petitioners, parties to the cause, which shall then be docketed and set for trial on the chancery side of the court. All lot owners within the subdivision shall be made parties to the cause regardless of whether they are subject to deed restrictions related to road maintenance.

C. If the court, after hearing evidence and argument of counsel, 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. 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. Alternatively, the court may order that such fees be set by the board of directors of the landowners' association, subject to any conditions deemed appropriate by the court. The funds collected shall be accounted for as provided in § 15.2-2256. Any unpaid fees for road maintenance may constitute a lien upon the real estate involved.

D. 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