(A) Generally. All improvements required by this chapter shall be operated and maintained as required by this section. The instruments creating the dedication, homeowners’ association (HOA), condominium association, easement, transfer or improvement district shall be attached to the application for subdivision plat approval.
(B) Dedication of land. Dedication of the improvement to the city satisfies the requirements of this section. Dedication shall take the form of a fee simple ownership. The city may accept the improvement if:
(1) Such land is accessible to the residents of the city;
(2) There is no cost of acquisition other than any costs incidental to the transfer of ownership, such as title insurance; and
(3) The improvement conforms to the applicable standards of this chapter.
(C) Homeowners’ association.
(1) Improvements that are owned in common by all owners of lots or units in the subdivision or condominium are required by this chapter to be operated and maintained by an HOA established in the covenants, conditions and restrictions (CC&Rs) adopted as a condition of development approval. The CC&Rs shall provide that, in the event that the association fails to maintain the improvements according to the standards of this chapter, the city may, following reasonable notice and demand that deficiency of operation or maintenance be corrected, enter the land area to repair, operate or maintain the improvement. The cost of such maintenance shall be the responsibility of the HOA, which shall be required by the CC&Rs to levy an assessment to be charged to all owners.
(2) The HOA shall be formed and operated under the following provisions.
(a) The developer shall provide a description of the HOA, including its bylaws and methods for operating and maintaining the improvement.
(b) The HOA shall be organized by the developer, and shall be operated with a financial subsidy from the developer, before the sale of any lots or units within the development or condominium.
(c) Membership in the HOA is mandatory for all purchasers of homes and their successors. The conditions and timing of transferring control of the HOA from developer to homeowners shall be identified.
(d) The HOA shall be responsible for maintenance of insurance and taxes on undivided improvement, enforceable by liens placed by the city on the HOA. The HOA shall be authorized under its bylaws to place liens on the property of residents who fall delinquent in payment of such dues or assessments. Such liens may require the imposition of penalty interest charges. Should any bill or bills for maintenance of undivided improvement by the city be unpaid by November 1 of each year, a late fee of 15% shall be added to such bills and a lien shall be filed against the premises in the same manner as other municipal claims.
(e) A proposed operations budget and plan for long-term capital repair and replacement of the improvement shall be submitted with the final plat. The members of the HOA shall share the costs of maintaining and developing such undivided improvement. Shares shall be defined within the HOA bylaws. The operations and budget plan shall provide for construction of any improvements relating to the improvement within three years following recordation of the plat.
(f) In the event of a proposed transfer, within the methods here permitted, of undivided improvement land by the HOA, notice of such action shall be given to all property owners within the development.
(g) The HOA shall have or hire staff to administer common facilities and properly and continually maintain the undivided improvement.
(h) The HOA may lease improvement lands to any other qualified person, or corporation, for operation and maintenance of park and/or open space lands, but such a lease agreement shall provide that:
1. The residents of the development shall at all times have access to the reserved park and/or open space lands;
2. The undivided improvement to be leased shall be maintained for the purposes set forth in this chapter; and
3. The operation of improvement facilities may be for the benefit of the residents only, or may be open to the residents of the city, at the election of the developer and/or HOA, as the case may be. The lease shall be subject to the approval of the board, and any transfer or assignment of the lease shall be further subject to the approval of the board. Lease agreements so entered upon shall be recorded with the Register of Deeds within 30 days of their execution and a copy of the recorded lease shall be filed with the city.
(i) Failure to adequately maintain undivided improvements in reasonable order and condition constitutes a violation of this chapter. The city is authorized to give notice, by personal service or by U.S. mail or private delivery service, to the owner or occupant, as the case may be, of any violation, directly to the owner to remedy same within 30 days.
(D) Condominiums. The undivided improvement and associated facilities may be controlled through the use of permanent condominium agreements, approved by the city. All undivided improvement land shall be held as a common element. A proposed operations budget and plan for long-term capital repair and replacement shall be submitted with the application.
(E) Dedication of easements. The city may, but is not required to, accept easements for public use of any portion or portions of undivided improvement land, the title of which is to remain in ownership by the condominium or HOA; provided that:
(1) Such land is accessible to city residents;
(2) There is no cost of acquisition other than any costs incidental to the transfer of ownership, such as title insurance; and
(3) A satisfactory maintenance agreement is reached between the developer, the condominium, the HOA and the city. Land dedicated as a natural area, greenway or greenbelt (§§ 153.1065 through 153.1078 of this chapter) shall be subject to a duly executed conservation easement meeting the requirements of and enforceable in accordance with state statute, which easement shall be unlimited in duration.
(F) Transfer of easements. For parks and open space only, an owner may transfer perpetual easements to a private, non-profit organization, among whose purposes it is to conserve improvement and/or natural resources (such as a land conservancy); provided that:
(1) The organization is a bona fide conservation organization with perpetual existence;
(2) The organization is financially capable of maintaining such improvement;
(3) The conveyance contains legally enforceable provisions for proper reverter or retransfer in the event that the organization becomes unwilling or unable to continue carrying out its functions;
(4) The organization shall provide a proposed operations budget and plan for long-term capital repair and replacement; and
(5) A maintenance agreement is entered into by the developer and the organization.
(G) Improvement or special assessment districts. This section includes an improvement or special assessment district established pursuant to statute with authority to levy taxes, fees, charges, exactions land dedications, or special assessments to provide, operate and maintain parks and open space lands and facilities.
(Ord. 3020, passed 9-10-2013, § 5.6)