The intent of the requirements below are to protect the property values of the individual owner within the planned unit development through establishing private control.
(A) In order that the purposes of this development may be achieved, the property shall be in single ownership or under the management and supervision of a central authority or otherwise subject to such supervisory lease or ownership control as may be necessary to carry out the provisions of this subchapter.
(B) Prior to the use, occupancy, sale, lease, or the execution of contracts for the lease or sale of an individual building unit, parcel, tract, townhouse, apartment, or common area, a declaration of covenants, conditions, and restrictions or an equivalent document shall be filed with the County Recorder of Deeds. A copy of said filing shall also be provided to the Community Development Department.
(C) The declaration of covenants, conditions, and restrictions or equivalent document shall specify that deeds, leases, or documents of conveyance affecting buildings, units, parcels, tracts, townhouses, or apartments shall subject said properties to the terms of said declaration.
(D) The declaration of covenants, conditions, and restrictions shall provide that an owner’s association or corporation shall be formed and that all owners or lessees shall be members of said association or corporation which shall maintain all properties and common areas in good repair and which shall assess individual property owners proportionate share of joint or common costs.
(E) (1) The declaration shall additionally, amongst other things, provide that in the event the association or corporation fails to maintain properties in accordance with the applicable rules and regulations of the county or fails to pay taxes or assessments on properties as they become due, and in the event the county incurs any expenses in enforcing its rules and regulations, which said expenses are not immediately reimbursed by the association or corporation, then the county shall have the right to assess each property its pro rata share of said expenses.
(2) Such assessments, together with interest thereon and costs of collection, shall be a lien on each property against which each such assessment is made and, in addition, each such assessment, together with such interest thereon and such costs of collection thereof, shall also be a personal obligation of the person who was the owner of such property at the time when the assessment became payable.
(F) (1) It is the intent of the subchapter to require subdivision of property simultaneous with application for special use.
(2) The subdivision and/or platting of land as a planned unit development shall be subject to the requirements for approval and recording with the County Recorder of Deeds, as have been established by the county’s Subdivision Code, adopted July 1997.
(Prior Code, 7 TCC 1-23(d))