COMCOR 24B.00.01 Reimbursement for Association Roadways

A. Association is a homeowners' association as described in Section 24B-1(5) of the Montgomery County Code.

B. Association roadway means those paved surfaces, exclusive of areas designated and used for parking which provide access to more than four homes or dwelling units and which are maintained by a homeowners' association.

C. County means the Montgomery County Department of Transportation.

D. Director means the Director of the Department of Transportation.

A homeowners' association qualifies for assistance under Montgomery County Code 1984, as amended, sections 24B-14 to 24B-19 and this regulation.

A. Has at least l/4 mile of association roadway.

B. Maintains its association roadways at a level of service satisfactory to the County. Satisfactory level of service will be the same as that provided by the County on roadways similar to those of the association. Roadways must be open to the general public at all times, have no obstructions of any kind, for example - speed bumps or gates, and be a width of 16 feet pavement surface.

C. Finances the maintenance of its association roadways with funds collected by the homeowners' association.

D. Has a financial officer that is bonded under an individual policy of insurance or under a group policy of insurance. Each association will provide a corporate bond to the County to be approved by the Director, Department of,Finance, in a penal sum to be fixed by the Director of Finance to ensure the faithful discharge of the duties of the financial officer (treasurer). A bond indicating the name and address of the financial officer must be submitted before the association will receive any funds from the County.

E. Submits a request for assistance to the Director no later than January 1 of each year for maintenance provided during the preceding fiscal year (July 1 - June 30). Any payments approved by the Director will be made on or after July 1 following receipt of request.

For a request for assistance to be complete, the Homeowners' association must submit a request which includes:

1. A scale map of the roadways of the association on a scale of no smaller than 400 feet per inch.

2. A list of all the roadways by name indicating actual length in miles or linear feet and the dates of completion of construction of the roads.

3. The annual expenditures by the association of the roads listed in the request for roadway maintenance performed during each of the preceding five years or since construction, whichever is less.

4. The actual or proposed annual budget of the association for the succeeding fiscal year and the resulting maintenance programs for the next three calendar years for the roadways listed in number 2 above.

F. Agrees in writing that all funds received for roadway maintenance will be expended for that purpose only.

G. Agrees as a condition of participating in this program, that eligible disputes between homeowners' and the homeowners' association will be submitted by the homeowners' association to either:

1. The dispute resolution bureau in the Office of Consumer Affairs for mediation, and if it fails, arbitration, or

2. Another form of mediation and arbitration approved by the Office of Consumers Affairs.

3. The Office of Consumers Affairs will notify the Department of Transportation if any homeowner association eligible to receive assistance refuses to participate in the dispute resolution procedure administered by the Office of Consumer Affairs.

Upon receipt of request for reimbursement the Director will have the roadways inspected to determine if they meet the conditions to qualify for reimbursement as set forth in 24B.00.01.02 above.

The Director will certify to the Director, Department of Finance, the number of miles of roadways for each association which qualifies for reimbursement.

In the event any or all of the roadways for an association fail to meet the conditions, the Director will notify the association which will have thirty (30) calendar days from receipt of such notice to submit further justification and any comments regarding the Director's decision.

The Director will then review any additional information or comments submitted and render a decision to the association.