H. B. 2027


(By Delegates Faircloth and Manuel)

[Introduced January 16, 1995; referred to the

Committee Political Subdivisions.]





A BILL to amend and reenact sections two and three, article twelve-a, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the establishment of maintenance associations along state or public roads in unincorporated areas, and including the installation of street lights as a permissible improvement by maintenance associations.

Be it enacted by the Legislature of West Virginia:
That sections two and three, 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-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, signs, street lights and other improvements necessary for the protection of health, safety and welfare of 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 owning sixty percent of the frontage of the lots on both sides of any orphan road, or subdivision road, or state or public 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 abutting on said orphan road, or subdivision road, or state or public 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 state or public 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.



NOTE: The purpose of this bill is to authorize the establishment of maintenance associations along state or public roads in unincorporated areas, and to include the installation of street lights as a permissible improvement by maintenance associations.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.