HB539: Private road; county ordinance may require maintenance by certain lot purchasers.

HOUSE BILL NO. 539
Offered January 11, 2012
Prefiled January 10, 2012
A BILL to amend the Code of Virginia by adding a section numbered 15.2-2277.1, relating to private road maintenance.
Patron-- Poindexter

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 15.2-2277.1 as follows:

§ 15.2-2277.1. Subdivision of certain land; private road maintenance.

Any county may by ordinance require that, in any instance where individual lots for residential use are subdivided from a larger tract, the deed shall require that each lot purchaser contribute a pro rata share for required private road maintenance. In any instance where the residential lots contain such deed provisions, the ordinance may also authorize the majority of lot owners on any private road, whether acting as a group or through a duly organized homeowners' association, to collect from each lot owner on the private road a pro rata share of the reasonable costs of repair, upkeep, and maintenance of the private road.

"Reasonable costs of repair, upkeep, and maintenance" includes costs for minor grading, ditching, application of gravel or stone, and installation of drainage pipes as may be necessary to prevent ongoing damage to the road.