(A) Any subdivision with any common area, private streets, shared parking, amenity centers, retention and/or detention pond, or the like, shall have an owners’ association.
(B) Establishment. Where an owners’ association is required, it shall meet the following minimum requirements:
(1) An owners’ association shall be created in perpetuity to maintain all common property and/or common facilities. The term MAINTAIN shall include, but not be limited to, timely payment of property taxes; compliance of the property and/or facilities with zoning, nuisance, and building codes; and keeping the property and facilities in good repair.
(2) An owners’ association shall be a legally incorporated entity or shall be created by other legal process and shall provide shared ownership of or shared responsibility for common property and/or common facilities. A board of directors or other means for representation in decision making shall be established.
(3) The governing documents establishing the owners’ association shall be recorded with the Johnson County Recorder, and shall be cross-referenced to the recorded subdivision plat.
(4) The owners’ association shall be responsible for the administration and enforcement of any covenants and restrictions applicable to the development. The “Declaration of Covenants and Restrictions” (the Declaration) shall be recorded with the Johnson County Recorder prior to the sale of any lot or unit of the subdivision plat. Amendments to the covenants and restrictions shall not be permitted for 25 years from the day the Declaration was recorded, without the consent of the Plan Commission.
(5) Any covenant that is a result of a zoning commitment or a condition of the Plan Commissions approval shall be clearly noted as a zoning commitment or condition of approval that is not amendable by the owners’ association in perpetuity, without the consent of the Plan Commission.
(6) An association fee, dues, or other funding mechanism must be included within the governing documents of the owners’ association, and must be sufficient to fulfill the financial needs of the owners’ association to maintain the common property and/or common facilities, and to accumulate a reserve account for long-term large or capital expenditures, emergencies, and contingencies.
(C) Failure of the owners’ association to maintain its legal existence or failure of the owners’ association to fulfill its responsibilities shall be deemed a violation of this chapter.
(D) The Plan Commission may waive the requirement for the establishment of an owners’ association only upon finding that:
(1) There are no areas of common ownership within the subdivision; and
(2) There are no privately-maintained facilities, or where there are privately-maintained facilities, adequate funding sources other than an owners’ association have been established to provide maintenance in perpetuity.
(Ord. 2018-003, passed 4-19-2018) Penalty, see § 153.99