§ 152.252 HOMEOWNERS’ ASSOCIATION.
   (A)   No shall be approved until all required legal instruments have been reviewed and approved by the town attorney as to legal form and effect.
   (B)   If common is deeded to a homeowners’ association, the or shall file a declaration of covenants, conditions, and restrictions that will govern such association. The provisions of such declaration of covenants, conditions, and restrictions shall include, but not be limited to, the following:
      (1)   The homeowners’ association must be set up before any property is sold in the ;
      (2)   Membership must be mandatory and automatic when property is purchased in the ; The requirement must be permanent, not just for a period of years;
      (3)   The association must be responsible for liability insurance, local taxes, and maintenance of recreational and other common facilities including ;
      (4)   Homeowners must pay their pro rata share of the cost; the assessment levied by the association can become a lien on the property;
      (5)   The association must be able to adjust the assessment to meet changed needs;
      (6)   Covenants for maintenance assessments shall run with the land;
      (7)   Provision insuring that control of such association will gradually be vested in the homeowner’s association; and
      (8)   All lands so conveyed shall be subject to the right of the grantee or grantees to enforce maintenance and of the common facilities.
(Ord. 2005-O3, passed 3-15-2005)