Q: Why don’t we turn over maintenance of the roads to the Virginia Department of Transportation (VDOT)?
A: VDOT, through its resident engineer, stated that all roads accepted by the state for maintenance must to be upgraded to state standards before transfer. After the roads are upgraded, the request would be made to the Shenandoah County Board of Supervisors who would then request VDOT to maintain them.
The following upgrades must be accomplished:
- All roads must be 18 feet wide with two (2) foot shoulders on each side.
- Must have a minimum right of way of 40 feet. All homeowners must sign off on this easement. Any legal cost to submit “Quit Claim” deeds for widening the roads for each homeowner and lot owner would be SBA’s.
- At least two inches of asphalt must be added to all current paved roads so that no maintenance is required for at least one year except for snow removal.
- All dirt roads must have sufficient crushed rock to support the traffic and at least two inches of asphalt to support the estimated volume of traffic.
- Most water, sewage, electrical, cable TV and telephone utilities would need to be relocated because of the 40’ minimum right of way requirement at Sky Bryce Association’s cost.
- State (Yellow arrow) signs would need to be installed at each bad curve at SBA’s cost.
- All wooden guardrails need to be replaced with steel guardrails.
- Any road turned over must have at least three occupied homes per mile.
- All roads must be designed to safely handle the traffic volume.
The estimated cost for these upgrades is (in 2004 dollars) $125,000 per mile. Many of our roads are less than 16 feet wide including shoulders with no room to expand out to the 40-foot right of way required. Even if we attempted to make the necessary upgrades, Sky Bryce Association would have to spend several million dollars and still not be guaranteed that the state would take over road maintenance.
In addition, there are other considerations:
- An Engineering Company must conduct a survey of all roads and the 2775 lots along with chalet setbacks at SBA’s cost.
- State snow removal priorities for Bryce are low. Our roads contractor would not be allowed to plow on state maintained roads. If partial road turnover is authorized, our road maintenance contractor would not be able to remove the snow from the main roads turned over to get to the SBA maintained side roads.
Q: Why do we need a patrol?
A: A uniformed patrol in a marked "Sky Bryce Patrol" vehicle acts as a deterrent to crime on the mountain and gives a feeling of security to those living here or visiting. A study conducted in 2003 concluded that the patrol’s presence materially enhances safety (immediate access to emergency help), crime deterrence (serving as a watchful eye), and property oversight (monitoring for lot and building integrity). In addition, the probable savings on homeowner’s insurance by the patrol’s presence was significantly cost-effective.
Q: Why does Sky Bryce Association require assessments for trash collection?
A: Our Articles of Incorporation say the first purpose of the Association is to further and promote the community welfare of property owners. Additionally, the Bylaws state that the Association is to care for and maintain all the areas, which are the responsibility of the Association (Article 4c). Finally, the Association’s protective covenants (number 6.24 Trash) describe firm guidelines for prohibiting the accumulation of garbage and waste on owner’s lots. To ensure that these standards of cleanliness and sanitation are maintained, the Board of Directors has continued a long-standing policy of providing convenient, yet contractually obligated trash pickup for Association building dwellers. The Board, through contracted trash removal, seeks to avoid unfortunate instances where some individuals allow unsightly and unhealthy trash accumulation due to failing to contract for or personally attending to trash removal. An ancillary reason for including the contracted trash removal is that by the size of the customer base, the per-customer cost is reasonably kept affordable.
Q: What happens if I do not pay my assessments?
A: The property owner or member of Sky Bryce Association (SBA) is obligated to pay annual assessments as specified in the Amended Declaration of Protective Covenants and Restrictions of SBA, Inc. Article 5, Covenant for Assessments, dated December 17, 2001, provides this obligation. The SBA By-Laws, Article 4 (b) and the Articles of Incorporation, Article II, paragraph 6 empower the Board of Directors to levy assessments.
We routinely refer property owners who are late in paying their assessments, and who do not respond after they have been given another opportunity to pay, to our attorneys. The Association acts against the land and against the owner of the land. When the Association acts against the land, it files a Memorandum of Lien with the court. This lien on the lot gives the court the power over the land to collect the debt.
The Association can also sue the property owner to collect the debt. The Association files a Warrant in Debt in the General District Court. When a Warrant in Debt is served, the property owner is required to appear in court. If the property owner does not appear, the court can enter a judgment in favor of the Association. Our lawyers then create a “judgment lien” that provides the Association with various options to collect the debt.
If a court finds that the property owner owes the Association a debt, the property owner not only has to pay their assessments, late fees and interest charges, but he or she may also be required to pay attorney fees and court costs.
The Association can enforce a judgment lien no matter where he or she lives. A lien on the property must be paid before the land can be released for sale.
Everyone here at Sky Bryce benefits from the work the Association does and it is unfair for the few who do not pay their assessments to cause the Association to shoulder an extra burden. Please, pay your assessments on time.
