Windham Town Council set a deadline of Nov. 25 for the residents of Viola Lane to form a homeowners association, capping off a multiyear struggle for the private road to be accepted by the town.

According to Windham Town Manager Robert Burns, construction on Viola Lane began in the mid-2010s. In 2022, Coastal Realty Capital, the performance bond company for the Ruby Meadows Subdivision, in which Viola Lane is located, declared bankruptcy, leaving residents with partially complete road infrastructure.

After Viola Lane residents expressed their desire for the town to aid in the completion of the road, Windham sued Coastal Realty, and recouped approximately $45,787 through two installments from the company’s receivership, as well as the deed to the right-of-way for Viola Lane, by the middle of 2025.

On Oct. 8, 2024, Windham Town Council held a discussion on Viola Lane, and conducted a straw poll which unofficially indicated that it would be willing to accept the lane if the residents formed a homeowners association, as required by Section 120-911N of the town code, and raised an additional $55,168, or around $5,500 from each of the 10 houses on the road, to bring Viola Lane up to town standard.

Burns said the town has not yet accepted the deed, and thus has not officially made Viola Lane a public road, but, if a homeowners association is formed by Nov. 25, it would be placed on the agenda for that night’s town meeting. Should the residents not establish a homeowners association by then, the town will not consider adopting the road until at least November 2026, during which time it will not be performing any maintenance.

When asked about what it would mean for Viola Lane to become a town road, Burns said that since it is currently a private road; plowing and maintenance expenses are paid entirely by residents. Should the town agree to accept the deed to the road’s right-of-way, expenses for seasonal and long-term capital maintenance would be paid by the town.

Burns said the town has been “aggressive” in taking control of the project and seeing it through the final stages of construction, with the road being fully paved in June 2025. The road was paved by Shaw Brothers Construction, with nearly all expenditures paid by the town through escrow funds from the residents.

There is still money set aside in escrow that will allow the town to work through the road acceptance project and perform further maintenance. As part of the town’s requirements for road acceptance, the town needs to establish a one-year maintenance bond. Should the residents not establish a homeowners association, the remaining escrow will be released back to them.