What does private road maintenance consist of?
The municipality may make By-laws imposing, fixing and providing methods of enforcement of charges for maintaining private roads, curbs, sidewalks, gutters, bridges, culverts and retaining walls that are associated with private roads where the cost is incurred by the municipality or under an agreement between the municipality and a person.
My community is interested in financing the maintenance of our private road through the Halifax Regional Municipality. Is this possible?
Yes. This may be done by applying for a private road maintenance area rate. https://www.halifax.ca/sites/default/files/documents/city-hall/legislation-by-laws/By-LawP-1100.pdf. The residents in your community must form a Homeowners Association (HOA) and complete the following steps outlined below.
To form a HOA, please see the Nova Scotia Registry of Joint Stocks (NSRJS) for information.
Is there help available by the municipality to form a HOA?
No, information on forming a HOA can be found by contacting the NSRJS.
Our area now has a HOA, now what?
To begin the private road maintenance area rate application process, a petition must be presented to the Director of HRM. The presented petition shall include the following:
(a) be signed by property owners comprising at least two-thirds (66.7%) of the properties located within the proposed area that would be subject to the rate; and
(b) contain the following information
(i) the proposed area that would be subject to the rate,
(ii) the proposed rate,
(iii) the nature of the private road maintenance being proposed, and
(iv) whether the proposed rate would be an area rate or uniform charge.
How is the proposed rate calculated?
The HOA will determine the amount of the area rate to be collected. This rate will be based on a detailed proposed maintenance budget that must be approved in Regional Council.
Does my neighbour pay more if their property is larger than mine?
The proposed rate is an area rate or uniform charge, and if a uniform charge is proposed, the request shall indicate whether the proposed uniform charge will apply to each taxable property assessment or each dwelling unit in the area.
Regional Council approved our private road maintenance area rate.
Your HOA will be contacted by municipal staff to sign a private road maintenance area rate agreement that is signed by both the HOA representative and the Mayor. At this time a $200 administration fee will be collected from the HOA.
How is the private road maintenance area rate collected?
The municipality will collect the private road area rate through the property tax bill. The first year, the full annual private road fee will be charged on the September tax bill. In future years, the uniform charge will be broken out into two installments. The private road area rate collected by the municipality will be paid to the HOA annually, once approved by Regional Council and upon receipt of the HOA’s approved budget and financial statements.
1. The HOA needs to remain in good standing with the Nova Scotia Registry of Joint Stock.
The municipality can release up to 50% of the funds after April 1, until the annual area rate report is approved by Regional Council in late June.
Is there help available from the municipality?
The municipality will administer the collection of the rate and assist an applicant with the process for the establishment of the rate.
Questions can be directed to: