Every subdivision of four lots or more shall include the creation of a property owners’ organization of appropriate character to meet the anticipated development management needs. The provisions of the organizational documents shall minimally address the following structural provisions and such additional specific matters as the city’s Plat Review Committee and the city’s Planning and Zoning Commission may require during the plat review process. The property owners’ organizational documents when approved as a supplement to the plat shall be filed as part thereof and any modification thereof shall be subject to approval by the City Council upon recommendation of the city’s Planning and Zoning Commission and shall be filed as an amendment to the supplement to the official plat.
(A) Form of organization.
(1) Type of organization. Association- corporation.
(2) Managerial provisions.
(a) Members: must include all property owners. Equal vote for each property owner;
(b) Officers: minimum number of officers shall be three and one of them shall be a treasurer;
(c) Provisions for election of officers having specific terms and emergency replacement provisions for vacancies; and
(d) Scope and authority of officers to act:
1. The Treasurer shall be independently responsible for providing an annual accounting of all monies received and expended; and
2. Voting provisions for officer’s managerial decisions.
(3) Meeting requirements.
(a) Minimum of an annual meeting of members;
(b) Annual meeting shall be held between January 1 and January 31;
(c) A written annual officer’s report and a written Treasurer’s report reflecting all monies received and expanded shall be presented. These reports shall be permanently maintained by the property owners’ organization. The city may request copies of these annual reports at such times as city staff should desire;
(d) The property owners’ organization shall provide the city within 30 days of its annual meeting, a list of all officers’ names, addresses, phone numbers and term of office; and
(e) Provisions setting member assessments to cover the property owners’ organization expenses in performing its responsibilities and provisions for changing the assessment amount when appropriate and necessary.
(B) Responsibility of property owners’ organization.
(1) Maintenance provisions:
(a) Private roadways;
(b) Common areas/open space, recreation areas, parklands, pathways, community facilities;
(c) Parking areas;
(d) Lighting (streets, common areas); and
(e) Moving, landscaping.
(2) Security measures;
(3) Common elements desirable for the welfare of the platted development;
(4) Maintenance and liability insurance; and
(5) Tax assessments.
(C) Enforcement by the city.
(1) In the event the property owners’ organization or any successor organization established to own and maintain currently owned open spaces, recreational areas facilities, private streets, drainages, street lights and parking areas/lots shall at any time, in the opinion of the city staff and the Chairperson of the Planning and Zoning Commission, fail to perform such responsibilities in a reasonable manner and time, the city’s Planning and Zoning Commission Chairperson may call a hearing before the Planning and Zoning Commission by serving notice upon the property owners’ organization and the owners of the property in the development by either or any combination of the following procedures:
(a) Mailed or posted at each subdivision address, a written notice stating the time, date, place of hearing on the property owners’ organization’s failure to perform required acts and such additional information as may be desired; or
(b) Two posted sign notices on three-foot by four-foot signs set at each entrance to the subdivision stating a hearing shall be held before the Newcastle Planning and Zoning Commission on the failure of the property owners’ organization to properly perform its required acts.
(2) Meeting time/date and meeting place of the notice of hearing shall be served or posted at least 14 days before the hearing date.
(a) The meeting shall be conducted in an open meeting of the Planning and Zoning Commission. The Planning and Zoning Commission shall hear statements of city staff concerning the property owners’ organization’s failure to perform and statements of the officers of the property owners’ organization and as such other statements as the Planning and Zoning Commission desire. The Planning and Zoning Commission shall at the hearing determine the character of the deficiencies in the performance of the required acts, set an appropriate period for the property owners’ organization to cure the deficiencies, and set a review hearing date. If the deficiencies are not cured within the time set, the city may, but is not required to, enter upon such subdivision properties and perform the required acts for a period of one year in order to preserve the taxable values of properties within the development, to prevent the development or continuation of a public nuisance, or to protect the public health and welfare. Such entry, performance and maintenance shall not vest in the public any right to use the common facilities not dedicated to public use.
(b) At least 30 days before the expiration of the one-year authorized city entry performance period, the city’s Planning and Zoning Commission shall upon its own initiative or upon written request of the property owners’ organization whose responsibilities are being performed by the city, call a public hearing on the continuance of the city performance of the property owners’ organization’s responsibilities and give notice of a hearing in the same manner as set out above for the initial hearing. At the hearing the city staff and the property owners’ organization and/or residents of the subdivision may present statements and demonstrate why or why not the performance of the property owners’ organization’s responsibilities by the city should cease and such performance be assumed by the property owners’ organization.
(3) If the Planning and Zoning Commission determines that it is not necessary for the city to continue performance of the property owners’ organization’s responsibilities, the Planning and Zoning Commission shall, at the hearing, in consultation with city staff, the property owners’ organization and/or residents of the subdivision, determine the time and conditions under which the city performance will cease and the property owners’ organization’s performance will commence.
(4) If the Planning and Zoning Commission determines it is necessary that the city continue to perform the responsibilities of the property owners’ organization, the city shall continue such performance for the next year subject to a similar hearing and determination at the end of each succeeding year.
(5) The cost of performance by the city shall be a lien upon the common facilities of the subdivision and the private properties within the subdivision. The city’s Planning and Zoning Commission in consultation with city staff shall have the right to make additional assessments against the properties in the subdivision to cover the cost of the city’s performance. Any unpaid assessment shall be a lien against the common facilities of the subdivision enforceable the same as a mortgage against such property. The city may further foreclosure its lien on the properties by certifying the same to the County Treasurer for collection as in the case of collection of general property taxes.
(6) Should the performance of property owners’ organization’s responsibilities continue for a period of more than three years, the circumstances thereof shall be presented to the City Council by the Planning and Zoning Commission on their regular agenda or at a special meeting called for that purpose, with notice provided to the property owners’ organization in the same manner as for the initial and annual hearings before the Planning and Zoning Commission, and the City Council may determine:
(a) To cease city performance of the property owners’ organization’s responsibilities;
(b) To continue city performance of the property owners’ organization’s responsibilities; and
(c) The city should assume permanent responsibility for performance of part or all of the property owners’ organization’s responsibilities subject to all properties being brought to current city standards prior to the city assuming such responsibilities and the determination of the appropriate cost assessment against the common facilities and private property in the subdivision to pay all cost to bring such facilities to city standards and determine special assessment or financing mechanisms to facilitate the payment of the costs.
(2002 Code, § 153.019) (Ord. 651, passed 10-26-2009)