(A) The applicant shall prepare and execute an operation and maintenance agreement (see sample agreement in Appendix A).
(B) When ownership will ultimately be the responsibility of a homeowners’ association an agreement shall be provided to the borough by the applicant/owner/developer defining the terms and conditions under which ownership and maintenance responsibilities will be transferred to the homeowners’ association. Other items may be required in the agreement where determined necessary to guarantee satisfactory installation and maintenance of all facilities. The agreement shall be subject to a review and approval by the municipality, shall be recorded with the County Recorder of Deeds, and shall constitute a covenant running with the property and/or equitable servitude and shall be binding on the landowner, his or her administrators, executors, assigns, heirs and any other successors in interests in perpetuity. The agreement shall also be included, or specifically referred to (including at a minimum the place, book and page where it is recorded), in any and all documents relating to the homeowners’ association, including but not limited to any declarations or restrictive covenants.
(C) If the landowner fails to adhere to the operation and maintenance agreement, the municipality may perform the services required and charge the landowner appropriate fees.
(D) Payment of any fees, costs or expenses incurred by the municipality as a result of this section shall be the responsibility of the homeowners’ association, the landowner or the owners of each lot in the subdivision, as the case may be. Failure by any owners to pay their share, whether all or part, may result in a lien against the property and/or any other action authorized by law or agreement.
(Ord. 2013-2, passed 10-7-2013) Penalty, see § 53.999