H-0621.2  _______________________________________________

 

                          HOUSE BILL 1473

          _______________________________________________

 

State of Washington      54th Legislature     1995 Regular Session

 

By Representatives Quall, Goldsmith, Kremen and Hymes

 

Read first time 01/26/95.  Referred to Committee on Government Operations.

 

Requiring the county to take over roads within a homeowner's association in certain specified circumstances.



    AN ACT Relating to roads within a homeowner's association; adding a new section to chapter 36.83 RCW; and declaring an emergency.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

    NEW SECTION.  Sec. 1.  A new section is added to chapter 36.83 RCW to read as follows:

    (1) The county shall create a service district for the purpose of building and maintaining roads within the boundaries of a homeowner's association whenever the following exists:

    (a) A homeowner's association with valid, enforceable covenants exists in the unincorporated area of the county;

    (b) The covenants include a fixed schedule for road construction or improvement within the association's boundaries;

    (c) A moratorium on issuance of new building permits for construction of single family residences within an area that includes the homeowner's association has been enacted; and

    (d) The homeowner's association formally requests the county to create the service district to assume the responsibility for building and maintaining roads within the homeowner's association.

    (2) Creation of the service district shall not affect any obligations the homeowners have towards the homeowner's association.

    (3) The service district shall remain in existence until either of the following:

    (a)(i) The moratorium is removed; and

    (ii) The homeowner's association formally requests that the service district be dissolved; or

    (b) Twenty-four months expire after the moratorium is removed.

 

    NEW SECTION.  Sec. 2.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

 


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