(A) A PUD is not required to have areas of common ownership.
(B) In a planned unit development that does contain areas of common ownership, the subdivision plat, dedication, covenants and other recorded legal agreements must do all of the following:
(1) Legally create an automatic membership in a non-profit homeowner’s association or another approved entity for the purpose of maintaining common improvements for which title is held by the homeowner’s association or approved entity which is legally obligated to provide designated services to the owners of the lots created by the PUD.
(2) Place title to the common improvement areas in the homeowner’s association or other approved entity, which gives each owner of the lots created by the PUD the right to use and enjoyment of the common improvements.
(3) Appropriately and permanently govern the use of common open space and improvements.
(4) Give each owner of the lots created by the PUD the right to use and enjoyment of the common improvements subject to division (F) of this section.
(5) Give the homeowner’s association or other approved entity responsibility for operation and maintenance of the common property.
(6) Place association charges on each lot created by the PUD so that sufficient funds are assured for maintenance and operation of common improvements and which charges shall be a lien on the property and provide adequate safeguards for the owners of lots created by the PUD against undesirable high charges. Where title to common open space is held by an approved entity other than the homeowner’s association, each owner of lots created by the PUD may elect to use and enjoy such common property subject to the charges levied by the approved entity responsible for the ownership, maintenance and operation of the common property.
(7) Where any of the foregoing are not applicable, the developer may substitute alternative proposals. Property not contiguous to property where the residential component is located may be allowed to be described as a separate parcel for purposes of sale, lease or financing but the owner shall grant and cause to be recorded a permanent open space easement in favor of the County regarding such separate parcel. Under this circumstance, the recorded map shall include a statement that the density from a non- contiguous parcel was used and describe its location. The permanent open space easement on the non- contiguous parcel shall state that the subject parcel shall be restricted from further subdivision and shall state any other restriction imposed as a condition of project approval. All legal documents required under this section must be approved as to legal form by the County Counsel. All deed restrictions and association rules and regulations shall be enforceable by the County as well as by the homeowner’s association or other approved entity.
(8) The owner of open space may enter into various agreements or leases related to the open space in furtherance of the objectives of the PUD as specified in this title.
(Ord. 1043 § 3 (part), 2022)