One of the more expensive responsibilities a homeowners association can have is maintaining private roads. Roads are easy to overlook when they are in good condition. However, when pavement begins to deteriorate, drainage systems fail, or major repairs become necessary, the costs can quickly become significant. For associations with miles of private roads, those costs can easily reach hundreds of thousands of dollars.
As a result, boards frequently ask whether the Association can simply turn its roads over to the North Carolina Department of Transportation (NCDOT) for future maintenance.
The answer is maybe, but the process is not necessarily simple.
Why Are Some Subdivision Roads Private?
Not all roads in North Carolina subdivisions are maintained by the State. Some roads were constructed by developers with the intention that they would eventually become public roads. Others were designed from the beginning to remain private, with maintenance responsibility assigned to the community association.
A key point. Just because a road is used by the public, or because it connects to a state-maintained road, does not mean NCDOT is responsible for maintaining it. Similarly, and this is often misunderstood, the fact that a road has been dedicated for public use on a recorded plat does not necessarily mean the State has accepted responsibility for maintenance.
Until NCDOT formally accepts a road into the State-maintained highway system, maintenance responsibility generally remains with the private parties responsible under the applicable recorded documents.
Can an HOA Request That NCDOT Take Over Its Roads?
Yes. North Carolina has a process through which eligible subdivision roads may be considered for addition to the State-maintained system.
However, acceptance is not automatic. NCDOT considers a number of factors, including the road’s location, the number of occupied homes served, available rights-of-way, road construction standards, and the condition of the existing roadway.
One of the first steps is contacting the local NCDOT Division or District Office to determine whether the roads may qualify for acceptance and what documentation will be required. The Association may need to provide subdivision plats, information concerning existing rights-of-way, and other documentation showing the status of the roads.
It is also important to review the Association’s Declaration and other governing documents to make sure that relinquishing maintenance responsibility is supported.
What Happens When NCDOT Inspects the Roads?
This is often where the process becomes more complicated and expensive than anticipated.
NCDOT will evaluate the existing roads to determine whether they meet the requirements for acceptance into the State system. If the roads do not meet those requirements, NCDOT can identify the repairs or improvements that must be completed BEFORE the roads will be considered for acceptance.
Depending on the circumstances, those improvements may include, among others:
- Repairing deteriorated pavement, potholes, or structural deficiencies.
- Addressing drainage and stormwater infrastructure.
- Addressing sight-distances.
- Providing sufficient rights-of-way and resolving encroachments or other obstacles to maintenance.
Some of these requirements may be relatively minor. Others may involve substantial reconstruction or improvements that go well beyond ordinary road maintenance.
In most cases, the costs to get the roads to a condition where NCDOT will accept them will be the responsibility of the Association or other private parties seeking acceptance. For example, if NCDOT identifies $300,000 in necessary road improvements, the Association must determine how those improvements will be funded. The Board may need to consider available reserves, increased assessments, or a special assessment.
Before committing to the process, the Board should obtain a clear understanding of the required improvements and their anticipated costs. Depending on the condition of the roads, an engineering evaluation may also be appropriate.
What Happens After the Roads Are Accepted?
Once NCDOT formally accepts the roads into the State-maintained system, responsibility for maintenance of the accepted roadway generally shifts to the State.
However, this does not necessarily eliminate every road-related responsibility of the Association. Private stormwater facilities, landscaping, entrance monuments, lighting, and other improvements may remain the Association’s responsibility. The Board should determine exactly what NCDOT will maintain and what obligations will remain with the Association.
The Association should also understand that State acceptance means giving up some control. For example, restrictions on public access, private parking regulations, gates, or other features associated with private roads may be inconsistent with State maintenance requirements.
Planning Ahead Is Critical
For associations that are considering transferring their roads to NCDOT, the best approach is to investigate the process before the roads reach a state of serious deterioration.
Waiting until major repairs are necessary can leave an Association with limited options and a substantial financial burden. The community association attorneys at Law Firm Carolinas have helped our clients navigate these difficult waters and are available for assistance.
Turning private roads over to the State can be an excellent long-term solution for some communities. But it is not simply a matter of asking NCDOT to take over maintenance. It requires planning, an understanding of the Association’s governing documents, and often a significant financial commitment.
Our attorneys at Law Firm Carolinas are always willing and able to discuss HOA matters. Should your community association need assistance, one of our community association attorneys would be happy to help.