Land Development Code :: Back to Table of Contents

Section 1208.13    Homeowners Associations

  1. If open space or other common areas within a subdivision are owned and maintained by a
    homeowners association, the developer/subdivider shall file a declaration of covenants and
    restrictions that will govern the association, to be submitted with the application for
    preliminary plan approval. See also Section 1207.05(k), "AOpen Space Maintenance." The
    declaration provisions shall include, but not be limited to, the following:
    1. The homeowners association shall be established before any lots are sold;

    2. Membership shall be mandatory for each homebuyer and any successive buyer;

    3. Any open space restrictions shall be permanent, not just for a period of years;

    4. The association shall be responsible for liability insurance, local taxes, and the
      maintenance of recreational and other facilities;

    5. Homeowners shall pay their pro rata share of the cost, and the assessment levied by
      the association can become a lien on the property if allowed in the master deed
      establishing the homeowners association; and

    6. The association shall be able to adjust the assessment to meet changed needs and
      demands.