§ 28-7206 — Planned development roadway vacated

Notwithstanding section 28-7205, if the roadway is a city, town or county roadway in a planned development, the governing body may resolve that the roadway or portion of the roadway be vacated and that title to the vacated roadway or portion of the roadway vests in the owners association if the following conditions are met:

1. The owners association includes the owners of the land abutting the roadway or portion of the roadway to be vacated.

2. The owners association has rights and remedies under covenants, conditions or restrictions of title to maintain the vacated roadway and to assess all members of the association for the maintenance of the roadway.

3. Two-thirds of the members of the owners association and a majority of the owners of commercial property abutting the roadway or portion of the roadway to be vacated approve the vesting of title to the roadway or portion of the roadway in the association.