§ 12.6.6. Property owners association or equivalent.

A.

Each project approved under this Code that includes parcels, tracts, common areas, open space parcels, residual land, roads, detention facilities, landscaping or other features requiring maintenance (collectively referred to as common facilities) must provide for a property owners' association or an equivalent entity to be responsible for such maintenance. If applicable, each final plat and site plan that is recorded must be accompanied by the appropriate legal documents (covenants, articles of incorporation, bylaws, etc.) necessary to create such an entity.

B.

The development agreement (subsection 12.6.1, development agreements) must include a provision for perpetual maintenance of the common facilities by the responsible entity.

C.

If a use plan for residual land and/or common area (see subsection 8.14.6., use plans for residual land and/or common area) is required for the project, provisions for perpetual maintenance of the common facilities must be included in the use plan for residual land and/or common area.

D.

All documents providing for maintenance must include a provision allowing county commissioners to take over maintenance of the common facilities and assess the cost of maintenance, including inspection fees, legal fees and administrative expenses, to the property owners within the development, if the responsible entity fails to maintain the common facilities in a reasonable condition. Any unpaid assessments will become a lien upon the properties payable in the same manner and with the same priority as provided by law for the collection, enforcement and remittance of general property taxes. The county will file a notice of such lien in the office of the county clerk and recorder upon the properties and will certify such unpaid assessments to the county treasurer for collection, enforcement and remittance. Before taking over maintenance of any property the county commissioners will hold a public hearing with at least 14 days' notice to property owners within the development. If the county commissioners take over maintenance of the common facilities, the commissioners will continue the maintenance until it is assured that adequate provisions have been made for the maintenance of the common facilities.

(Res. No. 11122002R001, 9-23-2002; Res. No. 10282008R004, Exh. A, 10-28-2008; Res. No. 06212011R002, Exh. A, 6-21-2011)