Unified Development Ordinance - Currituck County Government

Chapter 6: Subdivision and Infrastructure StandardsSECTION 6.1: SUBDIVISION STANDARDSSubsection 6.1.4: Homeowners or Property Owners Association Requirements(2) The association shall be established by the subdivider prior to the sale of thefirst lot in the subdivision.(3) The structure and operating provisions of the association shall be inaccordance with the county-approved documentation (see Section 6.1.4.C)recorded prior to approval of the final plat.(4) The association documents shall establish that the subdivider shall maintain thecommon area, common facilities, and infrastructure until 51 percent of the lotsare sold; and(5) Responsibility for maintaining the subdivision’s common areas, commonfacilities, and private infrastructure shall be transferred in accordance with thestandards in Section 6.1.4.F, Transfer of Maintenance Responsibility.D. Documentation RequirementsThe association documents submitted to the county for review and approval shallinclude, but not be limited to, the following:(1) A declaration of all restrictive covenants;(2) A declaration of all deed restrictions;(3) A declaration that the association is responsible for liability insurance and allapplicable taxes;(4) A declaration of common ownership and maintenance responsibilities of allon-site improvements not dedicated to a local or state agency, including butnot limited to streets, drainage systems, wastewater systems, open spaceareas, recreational facilities, and private infrastructure;(5) A description of the structural organization and operating procedures of theassociation;(6) Association by-laws;(7) A legal description of all open space set-asides and other lands owned incommon;(8) Provisions establishing the legal authority of the association to maintaincontrol over all common areas, common features, and private infrastructure inthe subdivision, following transfer of control by the subdivider;(9) Provisions authorizing the association to compel contributions from owners inthe development to cover their proportionate share of maintenance costsassociated with common areas, common features, and private infrastructure;(10) Provisions authorizing the association to increase the amount of mandatoryfees or assessments, when necessary, for the continued maintenance ofcommon areas, common features, or private infrastructure;(11) Provisions authorizing the association to convert any member’s unpaidassessments into a lien on the real property; and(12) Evidence related to the establishment of a reserve fund to support thecontinued maintenance and upkeep of common areas, common features, andprivate infrastructure.CURRITUCK COUNTY, NC UNIFIED DEVELOPMENT ORDINANCE6.4