If any portion of the stormwater drainage system is to be conveyed or otherwise transferred to a homeowner’s or similar association under § 55.100(A)(2) then:
(A) Appropriate easements for ingress and egress to and maintenance of the portions shall be reserved for the benefit of the association and the permitting authority on the final plat;
(B) The association shall be duly incorporated and a copy of the certificate of incorporation, duly recorded and bylaws and any amendment to either of them, shall be delivered to the Administrator;
(C) The bylaws of the association shall, at a minimum, contain:
(1) A provision acknowledging and accepting the association’s obligation to maintain certain portions of the stormwater drainage system as required by this chapter;
(2) A mechanism for imposing an assessment upon the owners of all of the lots or parcels comprising the development sufficient, at a minimum, to provide for the maintenance of those portions of the stormwater drainage system as required by this chapter and the payment of all taxes levied thereon;
(3) A provision adopting the plan of long term maintenance set forth in the application for a stormwater management permit, with approved amendments;
(4) A provision identifying the officer of the association responsible for carrying out the obligations imposed upon the association under this chapter, and an obligation to inform the Administrator of the name, address and phone number of this officer and any changes thereto;
(5) A provision requiring the consent of the permitting authority to any amendment of the bylaws changing any of the provisions of the bylaws required by this chapter; and
(6) A provision requiring the consent of the permitting authority to the dissolution of the association.
(D) Any conveyance or other instrument of transfer delivered under § 55.100(A)(2) shall include a covenant affirmatively imposing upon the association the obligations set forth in this section and the association’s affirmative acceptance thereof.
(Res. 02-441, passed 10-17-2002; Res. 02-495, passed 11-21-2002; Res. 04-87, passed 3-17-2004)