§ 24B-1. Definitions.
§ 24B-2. Program of support for roadway maintenance.
§ 24B-3. Qualifying homeowner's associations.
§ 24B-4. Amount of assistance.
§ 24B-5. Limitation on expenditures.
§ 24B-6. Regulations.
§ 24B-7. Amendment of bylaws.
§ 24B-8. Private maintenance roads.
Notes
| [Note] | *Editor's note-Section 2 of 1990 L.M.C., ch. 33, amended ch. 24B to read as set out in §§ 24B-1-24B- 7. The new chapter consists of former sections which have been renumbered and amended. The editor has retained a complete history note and has included a note giving the former section number where necessary. Deleted provisions were derived from 1982 L.M.C., ch. 54, § 1; 1985 L.M.C., ch. 1, §§ 1-3; 1986 L.M.C., ch. 1, § 2; and 1987 L.M.C., ch. 32, § 1. |
The following definitions apply to this Chapter:
(a) Association roadway means those paved surfaces, except areas designated for parking, which:
(1) provide vehicular access to more than 4 dwelling units; and
(2) are maintained by a homeowners' association.
(b) Homeowners' association means a body that has the authority to enforce a declaration under the state homeowners' association law.
(c) Private maintenance road means a road that:
(1) is owned by a homeowners' association;
(2) has a right-of-way at least 30 feet wide (not including any portion of the right- of-way used for parking), and 2 travel lanes; and
(3) provides a direct or indirect general vehicular traffic connection to the County road system. (1982 L.M.C., ch. 54, § 1; 1985 L.M.C., ch. 1, § 1; 1986 L.M.C., ch. 1, § 1; 1990 L.M.C., ch. 33, § 2; 1996 L.M.C., ch. 30, § 1.)
(a) There is created a program to assist qualifying homeowners associations to maintain association roadways that are continuously open to the public as if they were public roadways.
(b) Assistance provided under this Chapter is not subject to Chapter 11B. (1986 L.M.C., ch.1, § 2; 1990 L.M.C., ch. 33, § 2.)
Note-Formerly, § 24B-14.
A homeowners' association qualifies for assistance under this Chapter if the homeowners' association:
(a) has at least one-quarter mile of association roadway;
(b) maintains its association roadways at a level of service satisfactory to the County;
(c) finances the maintenance of its association roadways with funds collected by the homeowners' association;
(d) has a financial officer that is bonded or meets the requirements of financial responsibility that regulations under this Chapter prescribe; and
(e) agrees that eligible disputes to which the homeowners' association is a party will be submitted by the homeowners' association to either:
(1) the dispute resolution process under Article 2 of Chapter 10B; or
(2) other meditation or arbitration approved by the Commission on Common Ownership Communities. (1986 L.M.C., ch. 1, § 2; 1990 L.M.C., ch. 33, § 2.)
Note-Formerly, § 24B-15.
(a) The annual amount that a qualifying homeowners' association may receive under this Chapter is the number of its association roadway miles that qualify for assistance under this Chapter, multiplied by the average locally funded cost to the County of providing maintenance and street lights for a mile of County roadway during the previous year.
(b) If an association roadway that qualifies for assistance under this Chapter is initially open to the public for only part of a year, the annual amount of assistance must be prorated for that part of the year for which the association roadway was open. (1986 L.M.C., ch. 1, § 2; 1990 L.M.C., ch. 33, § 2.)
Note-Formerly, § 24B-16.
(a) All expenditures of County funds under this Chapter are subject to the limits of the funds appropriated by the County Council.
(b) If the County Council does not appropriate enough funds to cover the number of miles of association roadways that qualify under this Chapter, the amount of assistance for each mile of association roadway is reduced proportionally. (1986 L.M.C., ch. 1, § 2; 1990 L.M.C., ch. 33, § 2.)
Note-Formerly, 24B-17.
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