I. Council Action Requested.
Title
WHEREAS, the performance bond company for the Ruby Meadows Subdivision experienced bankruptcy leaving Viola Lane residents with partially complete road infrastructure that did not meet the subdivision plan and conditions of approval; and
WHEREAS, Viola Lane residents expressed their desire for the Town to aid in the completion of Viola Lane to meet road acceptance standards and the Town subsequently worked with legal counsel and the bankruptcy courts which resulted in the recoupment of approximately $45,787.20; and
WHEREAS, the Town Council, at its meeting of October 8, 2024, discussed the circumstances surrounding this development and conducted a straw poll which unofficially indicated that the Council would be willing to consider accepting Viola Lane if: (1) the residents raised the additional $55,168.40 needed to bring Viola Lane up to town standard, and (2) the residents formed a homeowners' association to manage the common elements of the subdivision, as required by ? 120-911N of the Town Code; and
WHEREAS, the requirement that each lot owner in the Ruby Meadows Subdivision be a member of and be subject to a homeowners' association is contained in the deed of each lot, as well as the "Declaration of Rights, Restrictions, Covenants & Easements for Ruby Meadows, A New Residential Community Located on Pope and Albion Road, Town of Windham, Maine 04062."
NOW, THEREFORE, be it voted, resolved, and ordered by the Town Council of Windham, that a deadline be set for November 20, 2025 for the Ruby Meadows Homeowners Association to be legally established, and Articles of Incorporation for the same be filed with the Maine Office of the Secretary of State, to the satisfaction of the Town Attorney. Should this occur, the Windham Town Council shall vote on whether or not to accept Viola Lane as a town way on November 25, 2025. Should this not occur by the appointed date, the Town Council will not consider acceptance of Viola Lane as a...
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