In the event repairs cannot be completed before the close of escrow, Property Owners may request a Time Extension from the Director. Extensions and duration may be granted at the discretion of the Director up to a maximum of 180 days. (Ord. 1712, 12-12-2023)
(A) COLC Requirement. A COLC must be obtained with respect to Common Interest Developments as described in this Section.
(B) Responsibility of Homeowners’ Associations and Individual Unit Owners.
1. The division of responsibility for PSL maintenance between the Homeowners’ Association and the Property Owners of individual units may be described in any document but is typically described in the Covenants, Conditions, and Restrictions applicable to Common Interest Developments or the parcels in them. In some Common Interest Developments, the Homeowners’ Association has assumed responsibility to maintain all PSLs. In other Common Interest Developments, the owner of each individual unit is responsible to maintain the PSLs associated with the unit he or she owns, and the Homeowners’ Association is responsible to maintain the remaining PSLs within the Common Interest Development. If the individual unit owner is responsible to maintain their respective PSL, the individual owner must obtain a COLC in accordance with Section 7-17-7.
2. If the Homeowners’ Association has assumed responsibility to maintain all PSLs within the Common Interest Development, the Homeowners’ Association must obtain a COLC in accordance with Section 7-17-7.
3. If the Property Owners of individual units and the Homeowners’ Association share responsibility to maintain PSLs within the Common Interest Development, or if no allocation of responsibility is provided, the parties’ respective responsibility to obtain COLCs is as follows:
(a) The Property Owner of the individual unit must obtain a COLC in accordance with Section 7-17-7 and notwithstanding paragraph (A)2 of that Section, provided that the Building Official shall require a Verification Inspection of only those PSLs or portions of PSLs that are the responsibility of the Property Owner of the individual unit before issuing a COLC.
(b) The Homeowners’ Association must obtain a COLC in accordance with Section 7-17-7 for all parcels associated with any PSL that is the Homeowners’ Association’s responsibility to maintain, provided that the Building Official shall require a Verification Inspection of only of those PSLs or portions of PSLs that are the responsibility of the Homeowners’ Association before issuing a COLC.
(c) The issuance of a COLC under paragraph (B)3 of this Section to either a Property Owner of an individual unit or to a Homeowners’ Association, with respect to a specific parcel within a Common Interest Development, does not relieve another party that shares responsibility to maintain PSLs associated with the same parcel of its obligation under paragraph (B)3 of this Section to obtain a COLC for that parcel.
(C) A COLC issued to a Homeowners’ Association under this Section shall be valid for a period not to exceed 20 years from the date it is issued. The Homeowners’ Association must obtain a new COLC in accordance with Section 7-17-7 immediately prior to the expiration of the previously issued COLC.
(D) Developments where no Homeowners’ Association exists. For the purposes of this chapter, any development without a Homeowners’ Association is not a Common Interest Development, even if the development is classified in county records as condominiums, residential planned unit developments, or similar. This Section does not apply to such developments. Individual unit owners within such developments must obtain a COLC that is compliant with the standards set forth in Section 7-17-7. (Ord. 1712, 12-12-2023)