Who is responsible for road maintenance in a subdivision or planned community?
Until responsibility for road maintenance is lawfully transferred to a municipality or the North Carolina Department of Transportation, either the developer or the owners will be responsible. However, if the roads are private or the developer becomes insolvent, is dissolved or dies, the owners alone will have to bear the cost unless a government agency takes control. Since there is no guarantee that any government agency will ever take control of the roads in a subdivision, owners are ultimately called upon to bear the cost of road maintenance in many situations.
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Who owns the roads in a residential subdivision or planned community?
Unless the roads have been dedicated to public use and formally accepted by the appropriate government agency, neither the state nor any public agency owns legal title to the land over which a street runs. Where the developer has retained title to ...
What is a Homeowner's Association (HOA)?
It is an association of owners, typically in a residential subdivision or planned community, whose properties are subject to restrictive covenants limiting their use. The association may be responsible for the maintenance and control of the common ...
How do I know which “common areas” of a subdivision or planned community are reserved for the use of all owners?
They will be specified by the developer in the recorded map or plat of the property. Even if the developer retains title to the common areas or conveys them to some other person or entity, these areas (trail systems, recreation areas, lakes, roads, ...
What is the role of local government in HOA administration?
Generally, residential subdivisions and planned communities must be approved by a city or county zoning authority, depending upon the location of the property. When subdivision approval is required, and preliminary plat approval has been obtained, a ...
Who is responsible for maintaining my condo or townhouse?
Owners are responsible for maintaining the interior of their units; and townhouse owners may also be required to maintain their doors, windows, and the crawl space under their units. The homeowners' association is typically responsible for ...