T&E COMMITTEE #1
September 14, 2017
September 12, 201 7
Transportation, Infrastructure, Energy, and Environment Committee
Glenn Orlin, Deputy Council Administratoil\}.U.
Amanda Mihill, Legislative Attorney~
SUBJECT: Bill 22-17, Homeowner's Associations-Roadway Maintenance-Repeal
Bill 22-17, Homeowner's Associations - Roadway Maintenance - Repeal, sponsored by Lead
Sponsor Transportation, Infrastructure, Energy, and Environment Committee (Council President Berliner
and Councilmembers Floreen and Hucker) and Co-Sponsors, Councilmembers Katz, Rice, Navarro,
Vice President Riemer and Elrich, was introduced on June 27, 2017. Bill 22-17 would repeal County
law that provides for assistance to certain homeowners' associations to maintain certain association
roadways or private maintenance roads. This program is supposed to reimburse HOAs for eligible roads
at the cost that the County spends to maintain its own roads, subject to the availability of appropriations.
However, a few years after inception of the program, funds amounting to only a small fraction of this
cost was appropriated, and for the past eight years no funds have been recommended by the Executive or
appropriated by the Council.
The Council's public hearing was held on July 18, 2017. The only testimony received
at the hearing was frnm the Montg0mery Village Foundation, which oppos€s th€ bill. The Foundation
We accept that availability of funding is a discretionary budget choice the Council must weigh each year,
but we do not want to see the possibility of resumed funding extinguished by eliminating the program.
The Commission on Common Ownership Communities transmitted its position in opposition to Bill 22-
17 on September 11, 201 7. The CCOC "believes that moving forward with Bill 22-17 will deeply
damage the relationship between the County and [common ownership communities] .... Lack of
currently available funding for this program is no excuse to eliminate the program" (©13).
Program funding history.
When the program began in the late 1980s, the cost to maintain
County roads was slightly higher than $3,000/mile, and HOAs were reimbursed for eligible miles at that
rate. By FY90, however, the Council reduced the reimbursement rate to about $1,200/mile, less than
40% of the cost of maintaining County roads, and it remained at the level in FY91.
the FY92 budget