A. The association documents submitted to the Town for review and approval shall include, but not be limited to, the following:
1. A declaration of all restrictive covenants, if proposed;
2. A declaration of all deed restrictions, if proposed;
3. A declaration that the association is responsible for liability insurance and all applicable taxes;
4. A declaration of common ownership and maintenance responsibilities of all on-site improvements not dedicated to a local or state agency, including but not limited to drainage systems, wastewater systems, open space set-aside areas, recreational facilities, and private infrastructure;
5. A description of the structural organization and operating procedures of the association;
6. Association by-laws;
7. A legal description of all open space set-asides and other lands owned in common;
8. Provisions establishing the legal authority of the association to maintain control over all common areas, common features, and private infrastructure in the subdivision, following transfer of control by the subdivider;
9. Provisions authorizing the association to compel contributions from owners in the development to cover their proportionate share of maintenance costs associated with common areas, common features, and private infrastructure;
10. Provisions authorizing the association to increase the amount of mandatory fees or assessments, when necessary, for the continued maintenance of common areas, common features, or private infrastructure;
11. Provisions authorizing the association to convert any member's unpaid assessments into a lien on the real property; and
12. Evidence related to the establishment of a fund to support the continued maintenance and upkeep of common areas, common features, and private infrastructure.
B. Following approval of the required documentation by the Town, the subdivider shall record all required documentation with the Wake County Register of Deeds.
(Ord. 2020-36, passed 12-2-2019)