(A) In developments which include any of the following, the developer shall be required to establish a maintenance or homeowner’s association in accordance with the laws of the state prior to transferring title to any property within the development:
(1) The density is equal to or greater than one-half units per acre;
(2) Common or open areas;
(3) Landscaped entryway which will require annual maintenance; or
(4) Public sidewalks.
(B) The covenants of the subdivision secondary plat shall include the following language.
(1) Association. Each lot owner in the subdivision or addition, by acceptance of a deed conveying title thereto, whether from the developer or a subsequent owner of the lot, shall accept the deed subject to the provisions of the bylaws of the (insert the name of the association) Maintenance or Homeowner’s Association, Inc., and thereby becomes a member of the (insert the name of the association) Maintenance or Homeowner’s Association, Inc., for the purposes outlined herein. The (insert the name of the association) Maintenance or Homeowner’s Association, Inc. shall be self-perpetuating and will not be disbanded.
(2) Maintenance. The maintenance or homeowner’s association shall be professionally managed by a licensed property manager which shall be required by the association bylaws. The laws of the association shall further require that revisions to the bylaws, covenants and/or the management firms’ contract may occur only upon the consent of 80% or more of the lien holders of the property in the subdivision (not the property owners).
(Ord. 07-16, passed 12-10-2007)