H. B. 2019
(By Delegates Phillips and P. White)
[Introduced February 10, 1993; referred to the
Committee on Political Subdivisions.]
A BILL to amend and reenact sections one, two, three and six of
article twelve-a, chapter seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
all relating to authorizing the formation of industrial
maintenance associations.
Be it enacted by the Legislature of West Virginia:
That sections one, two, three and six of article twelve-a,
chapter seven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted to read
as follows:
ARTICLE 12A. MAINTENANCE ASSOCIATIONS.
§7-12A-1. Definitions.
In this article, unless a different meaning plainly is
required:
(1) "Industrial maintenance association member" means any
person, corporation or other business entity that owns property
that fronts on either side of a road in an industrial park orarea where industry occupies at least sixty percent of land
fronting the road under consideration for designation.
(2) "Maintenance association" means an association
established pursuant to the requirements of this article.
(3) "Maintenance association documents" means documents
approved by the county commission as meeting the requirements of
this article and filed with the clerk of the county commission.
(4) "Residential maintenance association member" means any
person owning residential property that fronts on either side of
a road which is designated by a maintenance association document.
§7-12A-2. Purpose of the maintenance association.
Maintenance associations may be established in any county
outside an incorporated area to protect the health, safety and
welfare of persons, businesses and the general public located
within the designated maintenance association area. The
maintenance association shall be created with the objective of
establishing and maintaining improvements for the area designated
in the petition, which may include constructing and maintaining
shared streets, drainage facilities, sidewalks, water and sewer
systems, signs and other improvements necessary for the
protection of health, safety and welfare of persons, businesses
and the general public.
§7-12A-3. Petition to establish maintenance association.
(a) A petition in writing may be made to the county
commission, that duly verifies that persons property owners
owning jointly at least sixty percent of the frontage of the lotson both sides of any orphan road or a residential or industrial
subdivision road in any unincorporated area request the approval
of the formation of a maintenance association. The petition
shall be accompanied by the proposed maintenance association's
recordable documents that establish the association.
(b) Upon the filing of such petition and the proposed
maintenance association documents, the county commission shall
fix a time and place for hearing protests and shall require the
petitioners to post notice of such hearing in at least two
conspicuous places on the public road, orphan road or subdivision
road of the area affected, and to give notice thereof by
publication of such notice as a Class I legal advertisement in
compliance with the provisions of article three, chapter fifty-
nine of this code. The publication area for such publication
shall be the county in which the maintenance association shall be
located. The hearing shall be held not less than ten nor more
than thirty days after the filing of such petition.
(c) At the time and place set for hearing protests, the
county commission may examine witnesses and consider other
evidence to show that:
(1) Said petition was filed in good faith;
(2) The signatures on the petition are genuine;
(3) The maintenance association document addresses the
maintenance association purpose; and
(4) The proposed maintenance association will result in
special benefits to all owners of residential property abuttingon said orphan road or subdivision road.
The commission shall within ten days thereafter enter a
formal order stating its decision.
(d) Any owner of residential property abutting upon said
orphan road or a residential or industrial subdivision road
aggrieved by such order shall have the right to review the order
on the record made before the county commission by filing a
petition with the clerk of the circuit court within ten days
after the entry of such order. The owner shall give bond in an
amount to be fixed by the circuit court sufficient to pay costs
or expenses incurred by the court and the maintenance association
upon appeal if the order of the county commission is affirmed.
The circuit court shall proceed to review the matter as in other
appeals from the county commission.
§7-12A-6. Assessment and collection of fees; notice.
(a) A maintenance association which furnishes essential
services, including, but not limited to, construction and
maintenance of shared streets, drainage facilities, sidewalks,
water and sewer systems, signs and other improvements necessary
for the health, safety and welfare of persons, businesses and the
general public, may have authority to impose reasonable fees and
charges on persons owning lots abutting the frontage of both
sides of roads listed in the maintenance association document.
(b) Any new fee or fee increase assessed under this section
shall not be collectable unless notice of the proposed fee or
increase is sent by certified mail to each person owning propertylisted in the maintenance association document. If thirty
percent of the members, by signed petition, protest the
assessment to the association within fifteen days of the mailing,
the fee shall not become effective until it is ratified by sixty
percent of the members.
(c) All fees assessed under this section are declared to be
debts owing to the maintenance association for which the debtor
shall be personally liable. The maintenance association, or an
individual designated to act for it, may enforce this liability
by appropriate civil action in a court of competent jurisdiction.
After being reduced to judgment and filed with the clerk of the
county commission, such liability shall be a lien on property
owned by the maintenance association member and designated in the
maintenance association document.
NOTE: The purpose of this bill is to allow industrial parks
and subdivisions to create maintenance associations in
unincorporated areas for the purpose of constructing and
maintaining shard streets, drainage facilities, sidewalks, water
and sewer systems and other necessary improvements.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.