(1) Any subdivision application must provide draft homeowner's association documents. The final plan application shall include the following:
(a) Covenants for mandatory membership in the homeowners' association setting forth the owner's rights, interests, and privileges in the association and the common property and facilities, to be included in the deed for each lot or dwelling.
(b) Draft articles of incorporation of the proposed homeowners' association as a not-for-profit corporation; and
(c) Draft bylaws of the proposed homeowners' association, specifying the responsibilities and authority of the association, the operating procedures of the association, including an inspection and maintenance schedule, and providing for proper capitalization of the association to cover the costs of inspection, maintenance, repair and replacement of common facilities.
(2) In addition, the documents referenced in Subsection (1), above, shall provide for the following:
(a) The homeowners' association shall have the responsibility of maintaining the common property or facilities, including any required stormwater improvements.
(b) The system by which the association shall levy annual charges against all owners of lots or dwelling units to defray the expenses connected with the inspection, maintenance, repair and replacement of common property and facilities and tax assessments.
(c) The association shall have the power to place a lien on the property of members who fail to pay dues or assessments.
(3) The developer or subdivider shall maintain control of the common property and be responsible for its maintenance, including snow plowing, until either of the following has occurred:
(a) The legislative body accepts said improvements; or
(b) The developer or subdivider has transferred responsibility for ongoing maintenance of the improvements to the homeowners' association.
(4) The homeowners' association shall be in a form acceptable to the Town Attorney.
(5) The homeowners' association documents shall be recorded in the Cumberland County Registry of Deeds within 90 days of the date that the subdivision plan is recorded in the Cumberland County Registry of Deeds. Evidence of such recording shall be provided to the Code Enforcement Office. No lots shall be sold in the subdivision prior to recording and all deeds shall reference the declaration establishing the homeowners' association.
See
Article 9: Subdivision Review for detailed information.
