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Poor roads, sidewalks expose subdivision rule flaws

• Property owners in Currituck’s Shingle Landing subdivision have found themselves responsible for the community’s crumbling roads and sidewalks, though they were not properly informed that they must maintain the infrastructure.

• Currituck rules governing subdivision development in the county should be revised to ensure subdivision infrastructure meets state standards before it is turned over to property owner associations.

Properly built and maintained streets, sidewalks and other infrastructure should be a prerequisite for residential subdivisions. More to the point, local government should be adamant about planning ordinances, UDO’s and such, placing responsibility on developers for insuring that infrastructure meets state standards.

Also, because it apparently does play a role in maintenance of subdivision infrastructure, there is something mightily awry with the way in which homeowners associations can be established in Currituck County. Officials there need to take a look. Here’s why.

The developer of a subdivision establishes the homeowners association and creates the rules and bylaws before lots are sold. The same developers name themselves officers of the newly formed property owners association, putting themselves in charge of overseeing the rules. The rules do not include any provisions to inform the property owners of certain actions taken by the officers (developers).

So, whose interest is really served?: Surely, it’s not the property owners — as was plainly demonstrated in this case.

The residents of Shingle Landing in Moyock know first-hand how this process can go wrong. They have been trying for a year to get the developers of the subdivision, CTX Inc., to repair cracked sidewalks and crumbling asphalt roads and to clear overgrown ditches. The CTX partners Jerry Old and Don Williams have said they would fix the roads but have taken little action. In the meantime, they are seeking permits to build Phase II of the subdivision.

Recently, the property owners discovered they own the development’s infrastructure and are therefore responsible for its maintenance. The transfer of ownership occurred without their knowledge while the developers were officers of the property owners association.

The bylaws do not specify how the property owners were to be notified about the transfer.

Currituck County’s Unified Development ordinance does state that a subdivision’s infrastructure must meet county and state requirements before the developer transfers ownership to a property owners association. County officials maintain that the property owners association should have ensured the roads met state standards before accepting ownership. But the transfer occurred without property owners knowledge, or input. Furthermore, the county allowed the transfer to be recorded without ensuring the infrastructure met county and state requirements.

The rules, or lack thereof, and the paltry oversight of the process by county officials left homeowners with little recourse. Now, county officials say they don’t have the power to force CTX to repair the roads and sidewalks since they belong to the property owners association. Fortunately, the county does have the power to delay or deny permits and have issued an ultimatum to CTX Inc: Fix the roads and sidewalks in 60 days or the county won’t approve Phase II of the project.

Holding the developer hostage to force them to make repairs is the only tool the county has, and limited as it may be, it is the right action for the county to take.

But clearly, Currituck County needs to provide closer oversight for the establishment of property owners associations. Specifically, if it is within their legal jurisdiction to do so, county officials should prohibit developers from naming themselves officers without a vote by other property owners.

Also, Currituck’s new Unified Development Ordinance does require the developer to submit an engineer’s report stating that the subdivision’s infrastructure meets county and state requirements. It also requires a letter from the president of the property owners association accepting ownership and responsibility for that infrastructure. It doesn’t, however, prevent the developer from being the president of the association.

We recommend county officials take a closer look at the UDO and give the property owners more input into the selection of association’s officers and authority.

Meanwhile, CTX Inc., should step up and do the right thing: Repair the infrastructure so it meets state standards.

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