A. Plat Approval Covenants: The governing body may require that some or all restrictive covenants governing the use of land within the subdivision, whether proposed by the subdivider or required by the planning board, be set forth in a separate heading identifying them as plat approval covenants, and indicating:
These covenant(s) may not be repealed or amended without prior written consent of the governing body.
B. Required Language: The governing body may require that all restrictive covenants it has required as a condition of plat approval contain the following language:
The governing body is a party to this restrictive covenant and may enforce its terms.
C. Common Property Deeded To Property Owners' Association: If common property is to be deeded to a property owners' association, the covenants and bylaws which govern the association must, at a minimum, provide for the:
1. Formation of a property owners' association concurrently with the filing of the final subdivision plat. Articles of incorporation shall be filed with the secretary of state's office and a copy of the filed articles provided to the county;
2. Mandatory membership for each property owner. Purchasers of property may also be required to sign a waiver of right to protest the formation of a maintenance district to maintain improvements;
3. Perpetual reservation of the common property when required under Montana Code Annotated subsection 76-3-621(6)(a);
4. Payment of liability insurance premiums, local taxes, and the cost of maintaining recreational or other facilities;
5. Placement of liens on the property of lot owners who are delinquent in the payment of association fees and assessments;
6. Adjustment of assessments to meet changing needs;
7. Means of enforcing the covenants, and of receiving and processing complaints;
8. Transition of control of the association from the declarant to the homeowners;
9. Dissolution of the association and modification of the covenants and restrictions after obtaining governing body approval of the change; and
10. Regular maintenance of roads, parks, buildings, drainage facilities, and other facilities controlled by the association. (Ord. 784, 8-6-2007)