Fourth NC Community Association Bill Signed into Law in 2015: Streets & Traffic Safety Devices

Great Seal of North CarolinaSenate Bill 581 “Study Subdivision Streets / Traffic Calming Devices” (with the full title of “An Act to Direct the Department of Transportation to Study the Process for Accepting Subdivision Streets Dedicated as Public on the State Highway System for Maintenance and to Amend the Percentage of Property Owners Needed to Approve Traffic Calming Devices in Certain Subdivisions by the North Carolina General Assembly”) was ratified by the NC General Assembly on August 10, 2015, and signed by Governor McCrory on Tuesday, August 18, 2015. SB 581 becomes the fourth piece of legislation that could impact community associations enacted into law this year (see First Community Association Bill Signed into LawSecond Community Association Bill Signed into Law and Third Community Association Bill Signed into Law: Landlord/Tenant Foreclosure and Eviction Changes).  For a full list of filed HOA/condo bills, visit Community Association Legislative Roundup – May 14, 2015.

The new law has two main provisions:

First, the Department of Transportation is to study and report to the General Assembly by February 1, 2016 “the process that must be followed, and the requirements that must be met, for the Department of Transportation to accept subdivision streets dedicated as public on the State highway system for maintenance, including (i) whether the process that must be followed is efficient and timely, (ii) whether the minimum right-of-way and construction standards established by the Board of Transportation for acceptance on the State highway system are reasonable, (iii) what the financial impact is on the State and homeowners when subdivision streets are or are not accepted on the State highway system for maintenance.

Second, the law rewrites NCGS 136-102.8(4) to require that a homeowners’ association have the written support for the installation of a traffic table or traffic calming device approved by the Department of at least 60% of the member property owners (reduced from the current 70%).

For questions view the full bill at
http://www.ncleg.net/Sessions/2015/Bills/Senate/PDF/S581v3.pdf