(A) Establishment of owner’s association.
(1) Creation. An owner’s association shall be established in compliance with the North Carolina Condominium Act or to accept conveyance and maintenance of common areas and facilities within a development.
(2) Conveyance. All common areas or facilities, except rights-of-way and other areas dedicated to the jurisdiction, shall be conveyed by the subdivider or developer to the owner’s association.
(3) Subdivision or conveyance of common area. Common areas shall not be subdivided or conveyed to the Owner’s Association unless a revised plat is submitted to and approved by the Planning Board.
(4) Owner’s association not required. Developments involving only 2 units attached by a party wall shall be permitted to have an owners agreement in lieu of a home owner’s association concerning the maintenance of the party wall.
(B) Submission of owner’s association declaration. A copy of proposed bylaws covering covenants and restraints shall be submitted with the final plat prior to approval.
(1) Existence before any conveyance. The owner’s association declaration shall be organized and in legal existence prior to the conveyance, lease-option or other long-term transfer of control of any unit or lot in the development.
(2) Membership. Membership in the owner’s association shall be mandatory for each original purchaser and each successive purchaser of a lot or unit. Provisions shall be made for the assimilation of owners in subsequent sections of the development.
(3) Owner’s association declaration. The owner’s association declaration shall contain the following items.
(a) Responsibilities of owner’s association. The owner’s association declaration shall state that the association is responsible for:
1. The payment of premiums for liability insurance and local taxes;
2. Maintenance of recreational and/or other facilities located on the common areas; and
3. Payment of assessments for public and private improvements made to or for the benefit of the common areas
(b) Default of owner’s association.
1. In the event of failure of the owner’s association to pay jurisdictional assessments for public improvements or ad valorem taxes levied against the common areas with the default continuing for 6 months or more, each individual owner shall be personally obligated to pay his or her portion of the due amount.
2. The amount due, determined by dividing the number of lots into the amount owed, shall be paid within 30 days following receipt of notice.
3. Failure of the owner to pay the amount due, his or her heirs, devisees, personal representatives or assigns to, shall result in a property lien on his or her parcel and may result in foreclosure of the lien against the owner’s property.
(c) Powers of the association. Failure of a property owner, subject to the owner’s association to pay expenses due, shall constitute a lien on the property.
(d) Easements and rights of access and use. Easements over the common areas for access, ingress and egress from and to public streets and walkways and easements for enjoyment of the common areas, and for parking, shall be granted to each lot owner.
(e) Maintenance and restoration. The owner’s association shall establish and adopt provisions for common area maintenance and restoration in the event of destruction or damage.
(Ord. passed 6-7-2004, § 419)