North Carolina Process of getting the state to take over our Roads

Started by DavidB55 • 3 replies • 314 views

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DavidB55 (North Carolina)
Posts: 1

Posted:

Hello everyone,

So we have a small HOA and when I bought my house here I was late to the party, but the HOA was in the process of petitioning the state to take over our roads. We ended up having to file a lawsuit against the builder to correct some flaws, long story short thats over. So I made a few points of contact with the DOT after I took over as president.

The first thing the gentleman told me was that I needed to re register the HOA deed as Public because it is private (I have no idea how to do that), then he will give us a punch list of all corrections needing to be made in order to have them take over the roads.

Has anyone here in North Carolina done this? If they have done so can you give me any advice? especially registering the HOA Deed as public instead of private.

Any info would be great. TY

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I am not sure this is a "state" thing or city/county thing. We had to make our streets "Public" because we had added separate water meters. That meant our roads could no longer be considered "private". Which what I am thinking you are talking about. It basically means that your HOA has no control over their streets. They will be considered "Public" and thus subject to PUBLIC rules NOT the HOA's.

It's a choice for many HOA's. There are trade offs for keeping private or making them public. When they are private the HOA can control and put rules on the streets. You can even put up your own personal street signs. They just may be expensive to keep up and maintain. The main reason HOA's change to Public. That means that your TAXES pay for the roads and not your dues. That means the state/city/county laws rule. Plus they put up their own street signs with traffic control ones like stop/yield.

It just depends on how comfortable your HOA will be in allowing the general public into your HOA. If you keep it private you can install a fence to control entry. If your public, you can't block anyone from using the roads.

Former HOA President

TimB4 (Tennessee)
Posts: 21,059

Posted:

I suspect it's a check box at the county clerks office.

The clerk may or may not tell you. Worst case, you may need to seek legal assistance.

KellyM3 (North Carolina)
Posts: 2,239

Posted:

At the end of the legal journey, your HOA would face privately funding the expense of bringing your private street up to DOT standards and THEN a transfer could theoretically occur but you'd then be giving DOT a newly upgraded road with maintenance needs coming many years from now.

A sub-neighborhood of my master community looked into this and that was the net result.

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