Subdivisions-homeowners' associations.

WORKING DRAFT
2008
STATE OF
WYOMING
08LSO-0239

HOUSE BILL
NO.
HB0115

Subdivisions-homeowners' associations.

Sponsored by:
Representative(s) Childers, Brown and Martin and Senator(s) Coe, Ross and Vasey

A BILL

for

AN ACT relating to subdivisions; defining water supply systems; requiring homeowners
'
association
agreements to be included
in subdivision
applications
as specified; providing for arbitration or mediation for disputes between members of homeowner associations; requiring notice of potential development of appurtenant mineral estates in subdivisions
;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 18
‑
5
‑
302(a)(ix), 18
‑
5
‑
306(a) by creating new paragraphs (xii) and (xiii) and 18
‑
5
‑
312 are amended to read:

18
‑
5
‑
302.

Definitions.

(a)

As used in this article:

(ix)

"Water supply system" includes development of the source and all structures for conveyance of raw water to the treatment plant or delivery systems; all water treatment plants including disinfection facilities;
water supply systems used for irrigation and stock water;
and all finished water delivery systems including pipelines, pumping stations and finished water storage facilities.

Separate water supply systems used solely for irrigation or stock water are not included.

18
‑
5
‑
306.

Minimum requirements for subdivision permits.

(a)

The
board shall require the following information to be submitted with each application for a subdivision permit, provided the board may by rule exempt from any of the following requirements of this subsection or subsection (c) of this section the subdivision of one (1) or more units of land into not more than a total of five (5) units of land:

(xii)

Evidence satisfactory to the board that the owners of all parcels of land created by the subdivision have entered into a homeowner's association agreement, binding on subsequent owners of the land within the subdivision, that addresses at least the following topics:

(A)

Maintenance and responsibility for common areas, roads, sewer systems and water supply systems
and assessments against all parcels of land in the subdivision to defray the costs thereof
;

(B)

Continued management of the homeowner's association;

(C)

Provisions requiring dispute resolution between members of the homeowner's association through arbitration as provided in W.S. 1
‑
36
‑
101 through 1
‑
36
‑
119 or mediation as provided in W.S. 1
‑
43
‑
101 through 1
‑
43
‑
104;

(D)

Provisions designating a person or entity initially responsible for representing the landowners in disputes against the association where another party is asserting legal rights or responsibilities against the association which shall be filed with the county clerk initially and upon any change of the person designated; and

(E)

Nuisance abatement and covenants.

(xiii)

If the permit is approved the board shall require the applicant to give notice on the plat that the surface estate of the land to be subdivided is subject to full and effective development of the mineral estate unless the mineral estate is conveyed with the surface estate.

18
‑
5
‑
312.

Enforcement.

(a)

Except as provided in subsection (b) of this section, t
he provisions of this article are enforceable by all appropriate legal remedies including but not limited to injunctive relief or a writ of mandamus. Upon failure or refusal of any county attorney to act upon a violation of the provisions of this article, the attorney general at the request of the board shall initiate civil or criminal proceedings to enforce the provisions of this article.

(b)

Before civil proceedings may be brought pursuant to subsection (a) of this section, all disputes arising under homeowner's association agreements required under W.S. 18
‑
5
‑
306(a)(xii) shall be subject to mediation proceedings as provided in this
sub
section and subject to the provisions of W.S. 1
‑
43
‑
101 through 1
‑
43
‑
104 or arbitration pursuant to W.S. 1
‑
36
‑
101 through 1
‑
36
‑
119.
The board of county commissioners may make available a list of qualified mediators, from which the parties to the dispute shall choose a mediator.

Mediation shall be through a process established by the board of county commissioners in the county in which the subdivision is located.

Expenses and fees for the mediators shall be borne by the parties to the mediation.

Section
2
.
This act is effective July 1, 2008.

(END)

1
HB0115