(A) No preliminary plat, site plan, or special use permit for which a property owners' association will exist shall be approved until all required legal instruments have been reviewed by the Town Attorney as to legal form and effect and approved by the town.
(B) If common open space is deeded to a property owners' association, the owner or developer shall file with the New Hanover County Register of Deeds and the Town of Wrightsville Beach a declaration of covenants, conditions, and restrictions that will govern such association. The provisions of such declaration of covenants, conditions, and restrictions shall include, but not be limited to, the following:
(1) The property owners' association must be set up before any property is sold in the development.
(2) Membership must be mandatory and automatic when property is purchased in the development.
(3) The open space requirement must be permanent, not just for a period of years.
(4) The association must be responsible for liability insurance, local taxes, and maintenance of recreational and other common facilities including private streets.
(5) Property owners must pay their pro rata share of the cost; the assessment levied by the association can become a lien on the property.
(6) The association must be able to adjust the assessment to meet changed needs.
(7) Covenants for maintenance assessments shall run with the land.
(8) Provision ensuring that control of such association will gradually be vested in the property owners' association.
(9) All lands so conveyed shall be subject to the right of the grantee or grantees to enforce maintenance and improvement of the common facilities.
(10) Stormwater management system maintenance schedule.
(C) All POA documents submitted as part of a development or site plan approval must be reviewed and approved by the Town of Wrightsville Beach Attorney prior to the issuance of building permits for the project.
(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)