(a) Any property which is owned and maintained by a homeowner or condominium association, the developer shall file a declaration of covenants and restrictions that will govern the association, to be submitted with the application for the Preliminary Plan approval. The provisions shall include, but are not limited to, the following:
(1) The homeowners association must be established before the homes are sold;
(2) Membership must be mandatory for each home buyer and any successive buyer;
(3) The restrictions must be permanent, not just for a period of years;
(4) The association must be responsible for liability insurance, local taxes, assessments, and the maintenance of recreational and other facilities;
(5) Homeowners must pay their pro-rata share of the cost, and the assessment levied by the association can become a lien on the property if allowed in the master deed establishing the homeowners association;
(6) The association must be able to adjust the assessment to meet changed needs;
(7) The property must be recorded on one deed or dedicated to the homeowners association on the Final Plat; and
(8) The property may never be allowed to be further subdivided.
(Ord. 66-98. Passed 10-19-98.)
CODIFIED ORDINANCES OF HEATH