(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)