COMMITTEE SUBSTITUTE

FOR

H. B. 2019
(By Delegates Phillips and P. White)


(Originating in the House Committee on Political Subdivisions)


[March 18, 1993]


A BILL to amend and reenact sections one, two, three and six, 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 maintenance associations.

 Be it enacted by the Legislature of West Virginia:
That sections one, two, three and six, article twelve-a, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, all to read as follows:
ARTICLE 12A. MAINTENANCE ASSOCIATIONS.
§7-12A-1. Definitions.
In this article, unless a different meaning plainly is required:
(1) "Maintenance association" means an association established pursuant to the requirements of this article.
(2) "Maintenance association member" means any person owning residential property that fronts on either side of a road whichis designated by a maintenance association document.
(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.
§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 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, common areas, signs and other improvements necessary for the protection of health, safety and welfare of persons and the general public.
§7-12A-3. Petition to establish maintenance association.
(a) A petition in writing may shall be made to the county commission, that duly verifies that persons owning sixty percent of the frontage of the lots on both sides of any orphan road or, subdivision road or industrial park 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 thepetitioners to post notice of such hearing in at least two conspicuous places on the public road, orphan road or, subdivision road or industrial park 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 abutting on said orphan road or, subdivision road. or industrial park 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, subdivision road or industrial park 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 daysafter 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, common areas, signs and other improvements necessary for the health, safety and welfare of persons and the general public, may have authority to impose reasonable fees and charges on persons owning lots abutting the frontage of both sides either side 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 property listed 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 liabilityby 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.