Whenever a residential subdivision includes any type of common area, facility or feature dedicated to common use, such as but not limited to stormwater management areas, common open space and signage, a homeowner’s association, community association, or similar legal entity shall be created to be responsible for the maintenance and control of all common areas, facilities and features. The Village Solicitor shall determine that the association’s or entity’s bylaws or code of regulations incorporate the following requirements:
(A) Membership in the association shall be mandatory for each owner of a lot in the development or unit in a condominium.
(B) The association shall be responsible for maintenance, control, and insurance of all common areas, facilities and features.
(1) The association shall guarantee maintenance of all common areas, facilities and features within the boundaries of the development.
(2) In the event of a failure to maintain such common areas, facilities or features, the Village may seek to enforce the association’s non-performance of its obligations and duties through an injunction or any other civil remedy.
(C) The association shall have the power to impose assessments on members to pay for the maintenance, control and insurance of open space and common areas, and the power to record liens against individual properties for failure to pay assessments as permitted by the Ohio Revised Code.
(D) The conditions and timing of transfer of control from the developer to the association shall be specified.
(E) The association shall not authorize its dissolution or the sale, transfer or other disposal of any common area, including restricted open space, without:
(1) An affirmative vote of 75% of its members;
(2) Creating a successor entity under Ohio law to accept the property pursuant to the Village’s Zoning Code; and
(3) The approval of Village Council.
(F) The association shall convey to the Village of Swanton and other appropriate governmental bodies, after proper notice, the right to enter common areas for emergency purposes or in the event of nonperformance of maintenance or improvements affecting the public health, safety and welfare. Such governments shall have the right, after proper notice, to make improvements and perform maintenance functions. In addition, the Village shall have the right to proceed against the association for reimbursement of costs, including the right to file liens against individual condominium units, houses, and vacant building lots.
(G) A certified copy of all covenants and restrictions that may be applicable and amendments thereto recorded with the Fulton County or Lucas County Recorder’s Office (whichever is applicable) shall be submitted to the Zoning Administrator within ten (10) days of recording.
(Ord. 2023-03, passed 2-27-2023)