Whenever a developer or landowner proposes or is required to provide land or structures for the benefit of only particular home owners or tenants of a development project such as usable open space and active play area, a Home Owners Association shall be established in accordance with the following provisions:
(a) The Home Owners Association shall be established as an incorporated, organization operating under recorded land agreements through which each lot owner (and any succeeding owner) is automatically a member, and each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities. Additionally, specific provisions shall be established which define completely all membership requirements for all non-lot owners in the event rental units are included in the project.
(b) The Home Owners Association's Declaration of Covenants, Conditions and Restrictions shall as a minimum establish the following:
(1) Property rights including the owner's easements of enjoyment and delegation of use.
(2) Membership and voting rights including any distinction between membership classes.
(3) Covenant for maintenance assessments including the creation of the lien and personal obligation of assessments, purpose of assessments, the maximum annual assessments, special assessments for capital improvements, uniform rate of assessment, due dates, effect of non-payment on assessments, and subordination of the lien to mortgages.
(4) Architectural and exterior maintenance control.
(5) General provisions including enforcement, amendments, and property annexation procedures.
(c) The developer or landowner shall assume all responsibilities for the Home Owners Association until seventy-five percent (75%) of the lots or dwelling units are sold or until such time as the Home Owners Association formally assumes such responsibility. Once the Home Owners Associations is established, the developer or landowner shall be responsible for payment of dues to the Home Owners Association for the lots which he owns.
(d) If the developer or landowner proposes to construct the project over a period of separate stages, the Home Owners Association shall be staged consistent with the development time schedule.
(e) The Articles of Incorporation, and all Declaration of Covenants, Conditions and Restrictions of the Home Owners Association shall be submitted to the City Law Director for review and approval.
(f) In the event that the Home Owners Association shall at any time after its establishment fail to maintain usable open space or active play area and related facilities in reasonable order and condition, the Zoning Administrator may serve written notice upon such organization or upon the property owners of the subdivision or development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and such notice shall include a demand that such deficiencies of maintenance be corrected within thirty (30) days thereof, and shall state the date, place and time of a public hearing thereon held by City Council which shall be held within fourteen (14) days of the notice. At such hearing, Council may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected. If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within said thirty (30) days or any extension thereof, the City, in order to preserve the taxable values of properties, protect public health, safety and welfare, and prevent the open space from becoming a public nuisance, may enter upon said open space and maintain the same for a period of one (1) year. Said entry and maintenance shall not constitute a taking of said open space, nor vest in the public any rights to use the same. Before the expiration of said year, the City, upon its initiative or upon the request of the Home Owners Association heretofore responsible for the maintenance of the open space shall call a public hearing upon notice to such organization, or to the property owners of the subdivision or development, to be held by Council, at which hearing such organization or property owners shall show cause why such maintenance by the City shall not, at the option of the City, continue for a succeeding year. If the City shall determine that such organization is ready and able to maintain said open space in reasonable condition, the City shall cease to maintain said open space at the end of said year. If the City shall determine such organization is not ready and able to maintain said open space in reasonable condition, the City may, in its discretion, continue to maintain said open space during the next succeeding year and subject to a similar hearing and determination in each year thereafter. The decision of Council in any case shall constitute a final administrative decision subject to judicial review.
(g) The cost of such maintenance by the City described in subsection (f) above, shall be assessed ratably against the properties within the subdivision or development that have a right of enjoyment of the open space and shall become a lien on said properties. The City, at the time of entering upon said open space for the purposes of maintenance, shall file a notice of lien in the Office of the Auditor of Jefferson County, upon the properties affected by the lien.
(h) For condominium developments only, where the requirements of this section differ or conflict with from those for unit owners associations in condominium developments pursuant to Ohio R.C. Chapter 5311, such requirements for unit owners associations shall be used instead of these requirements.
(Ord. 2016-11. Passed 4-12-16.)