A. The City Council may review the restrictive covenants governing the use of the land within the subdivision and may require some or all restrictive covenants, whether proposed by the subdivider or required by the City Council, be set forth in a separate heading identifying them as conditions of plat approval, and indicating: “Any restrictive covenant which is required as a condition of plat approval may not be amended or revoked without the consent of the owners in accordance with amendment procedures set forth in the covenants and written consent of the City Council.”
B. The city council may require all restrictive covenants it has required as a condition of plat approval contain the following language: "The city of Whitefish is a party to this restrictive covenant and may enforce any provisions required by the city".
C. If common property is to be deeded to a property owners' association, the covenants and bylaws which govern the association must, at a minimum, provide for the:
1. Formation of a property owners' association concurrently with the filing of the final subdivision plat. Articles of incorporation must be filed with the secretary of state's office;
2. Mandatory membership for each property owner. Purchasers of property may also be required to sign a waiver of right to protest the formation of a maintenance district to maintain improvements;
3. Perpetual reservation of the common property;
4. Payment of liability insurance premiums, local taxes, and the cost of maintaining recreational or other facilities;
5. Placement of liens on the property of lot owners who are delinquent in the payment of association fees and assessments;
6. Ability to adjust assessments to meet changing needs;
7. Means of enforcing covenants and receiving and processing complaints;
8. Transition of control of the association from the declarant to the homeowners;
9. Dissolution of the association and modification of the covenants and restrictions after obtaining the city council's approval of the change;
10. Regular maintenance of roads, parks, buildings, drainage facilities, and other facilities controlled by the association. Execution of weed management plan reviewed and approved by the city;
11. Long term maintenance plan and schedule for privately owned and maintained improvements. Such maintenance plans will be reviewed and approved by the city.
D. All covenants are considered to run with the land, whether marked or noted on the subdivision plat or contained in a separate instrument recorded with the plat. (Ord. 09-23, 11-16-2009; amd. Ord. 19-11, 6-3-2019)