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14.1.4 Land suitability. Land which has been determined, on the basis of an engineering assessment or other expert survey, to pose an ascertainable danger to life or property by reason of its unsuitability for the use proposed shall not be platted for that purpose until the subdivider has taken the necessary measures to correct said conditions and to eliminate said dangers. Areas that have been used for disposal of solid waste shall not be subdivided unless tests by the Granville-Vance District Health Department, a structural engineer, and a soils expert determine that the land is suitable for the purpose proposed.
(A) Creation. An owners’ association shall be established to fulfill requirements of the state’s Condominium Act, being G.S. §§ 47C-1-101 et seq., state’s Planned Community Act, being G.S. 47F-1-101 et seq., or to accept conveyance and maintenance of all common elements (common areas) within a development. The owners’ association shall be in legal existence prior to the conveyance, lease-option, or other long-term transfer of control of any unit or lot in the development.
(B) Conveyance. Where developments have common elements serving more than one dwelling unit, these areas shall be conveyed to the owners’ association, in which all owners of lots in the development shall be members. All areas other than public street rights-of-way, other areas dedicated to the town, and lots shall be designated as common elements. In a condominium development the common elements shall be platted in accordance with the state’s Condominium Act. In other developments, the fee-simple title shall be conveyed by the subdivider or developer to the owners’ association prior to the sale of the first lot.
(D) Minimize number of associations. Developments, whether including different land uses, different types of housing, or simply different sections, shall hold the number of owners’ associations to a minimum. An association may establish different categories of membership, different budgets for the categories, and different rates of assessment when different kinds of services are provided to different categories. Smaller associations under an umbrella (master) association are permitted.
(E) Exemption from owners’ association requirement. A development involving only two units attached by a party wall (or two separate walls back-to-back) shall not be required to have common elements or an owners’ association. Such developments without an owners’ association shall establish a binding agreement between owners to govern any party walls and to ensure reciprocal easement rights needed for maintenance.
(Ord. A.21.01, passed 6-3-2021)