(a) Homeowners' association registration.
(1) If a homeowners' association, as defined in section 24B-1 of this Code, wants the county to assist it in exercising its right to approve a proposed project that requires a permit under section 8-24 of this chapter, the homeowners' association must register with the department and pay a fee determined by the director, based on the cost of services provided to the association under this section.
(2) A homeowners' association registers with the department by providing the department with:
a. A statement made under penalty of perjury that it has the authority under its bylaws, declarations, documents, rules, or regulations to approve a proposed project that requires a building permit;
b. The boundaries of the area covered by the homeowners' association's covenants, by premises address;
c. The name, address, and telephone number of the individual to contact for obtaining approval; and
d. Other information the director requires.
(3) A registration of a homeowners' association under this section expires after two (2) years and may be renewed as provided by executive regulation.
(b) Municipal corporation and special taxing district registration.
(1) If a municipal corporation or special taxing district wants the county to assist it in exercising its right to approve a proposed project that requires a permit under section 8-24 of this chapter, the municipal corporation or special taxing district must register with the department and pay a fee determined by the director, based on the cost of services provided to the municipality or district under this section.
(2) A municipal corporation or special taxing district registers with the department by providing the department with:
a. A copy of the municipal corporation's or special taxing district's law, rule, or regulation authorizing it to approve a proposed project that requires a building permit;
b. The boundaries of the municipal corporation or special taxing district, by premises address;
c. The address and telephone number of the office to contact for obtaining approval; and
d. Other information the director requires.
(c) Changes in authority and boundaries. A homeowners' association, municipal corporation, or special taxing district that registers under this section must re-register with the department within thirty (30) days after the effective date of a change in:
(1) Its authority to approve a proposed project; or
(2) Its boundaries.
(d) Registration list. The director must maintain and make available to the public a list of:
(1) The homeowners' associations registered under subsection (a) of this section; and
(2) The municipal corporations and special taxing districts registered under subsection (b) of this section.
(e) Permit application process.
(1) When a person applies for a permit under section 8-24 of this chapter, the director must ask the applicant if the site of the proposed project is within:
a. An area covered by covenants of a homeowners' association;
b. A municipal corporation; or
c. A special taxing district.
(2) The applicant must provide the director with a statement made under penalty of perjury whether the site of the proposed project is within an area covered by covenants of a homeowners' association, a municipal corporation, or a special taxing district.
(3) If the applicant indicates that the site of the proposed project is within an area covered by covenants of a homeowners' association, a municipal corporation, or a special taxing district, the director must ask the applicant for:
a. An approval form signed by an authorized representative of the homeowners' association indicating that the work described in the application meets the requirements of all bylaws, declarations, documents, rules, and regulations of the homeowners' association; or
b. A permit from the municipal corporation or special taxing district.
(4) If the applicant does not provide the director with the approval form from the homeowners' association or permit from the municipal corporation or special taxing district when required, the director must send notice promptly to the representative or office listed in the homeowners' association's, municipal corporation's, or special taxing district's registration that the form or permit has not been provided.
(5) The applicant's failure to obtain a signed approval form from a representative of the homeowners' association or a permit from the municipal corporation or special taxing district does not prevent the director from approving the application for a permit under section 8-24 of this chapter. The permit may not take effect earlier than ten (10) days after its issuance.
(f) Regulations. The county executive must adopt regulations under method (2) of section 2A-15 of this Code to implement this section.
(g) Penalty. Section 8-22 of this chapter, establishing criminal penalties for violation of this chapter, does not apply to this section.
(h) Liability. The county is not liable for any act or failure to act by the department in carrying out the provisions of this section. (1987 L.M.C., ch. 30, § 1.)
Editor's note-Section 3 of 1987 L.M.C., ch. 30, which added this section, declared the act effective July 1, 1987.