§ 25-3-72. PROPERTY OWNERS' ASSOCIATION.

(A)

Conditions, Covenants, and Restrictions for all the property within a traditional neighborhood district must be filed in the county real property records by the owner before a final subdivision plat may be approved, a lot sold, or a building permit issued.

(B)

Conditions, Covenants, and Restrictions must be approved by the city attorney, and they must:

(1)

create a Property Owners' Association with mandatory membership for each property owner;

(2)

establish architectural standards that are in conformity with the requirements of this chapter;

(3)

create an Architectural Control Committee to review development for compliance with the architectural standards and issue certificates of approval;

(4)

provide for the ownership, development, management, and maintenance of private open space (except plazas owned by individual property owners), community parking facilities, community meeting hall, and other common areas;

(5)

provide for the maintenance of the landscaping and trees within the streetscape;

(6)

require the collection of assessments from members in an amount sufficient to pay for its functions;

(7)

be effective for a term of not less than 50 years;

(8)

require that the Property Owners' Association obtain the approval of the director regarding the disposition and management of private open space, community parking facilities, community meeting hall, and other common areas before it may be dissolved; and

(9)

require that the Property Owners' Association obtain the approval of the director for amendments to the Conditions, Covenants, and Restrictions which relate to provisions required by this chapter.

Source: Section 13-9-42; Ord. 990225-70; Ord. 031211-11.