Unified Development Ordinance - Currituck County Government

Chapter 6: Subdivision and Infrastructure StandardsSECTION 6.1: SUBDIVISION STANDARDSSubsection 6.1.4: Homeowners or Property Owners Association RequirementsFollowing approval of the required documentation by the County Attorney, thesubdivider shall record all required documentation with the Currituck County Registerof Deeds.E. Membership Requirements(1) Following establishment of the association by the subdivider, membership inthe association shall be automatic and mandatory for all purchasers of landwithin the subdivision and their successors in title.(2) All members of an association shall be responsible for contributions to theassociation’s reserve fund to cover their proportionate share of maintenancecosts associated with common areas, common features, and privateinfrastructure.F. Transfer of Maintenance Responsibility(1) The subdivider shall be responsible for maintenance of all common areas,common features, and private infrastructure until maintenance responsibility istransferred to the association in accordance with the standards in thissubsection.(2) The subdivider shall cede maintenance responsibility for common areas,common features, regulatory permits (e.g., stormwater permits), and privateinfrastructure to the association upon sale of 51 percent of the lots in asubdivision.(3) Maintenance responsibility is not transferred from the subdivider to theassociation until all of the following occur:(a)(b)(c)(d)(e)At least 51 percent of the total number of lots in the subdivision aresold; andThe subdivider provides an affidavit or resolution signed by theassociation president that accepts maintenance responsibility for thesubdivision; andThe subdivider commissions a report prepared by a licensed engineerindicating that all common areas, common features, and infrastructureelements comply with the minimum standards in this Ordinance andthe County Code of Ordinances; andCounty staff reviews and approves the report prepared by a licensedengineer; andA reserve fund dedicated to the continued maintenance and upkeep ofcommon areas, common features, and private infrastructure isestablished with a banking institution acceptable to the county in thename of the association, that contains a minimum balance equal to 10percent of the construction costs of all common areas, commonfeatures, and private infrastructure. In the event the association hasnot collected sufficient assessment funds from the lot owners in thesubdivision to meet the minimum balance requirements of the reservefund, the subdivider shall be responsible for the difference needed tomeet the minimum balance requirements.(4) Applications to turn over maintenance responsibility to the association forcommon areas, common features, or private infrastructure prior toCURRITUCK COUNTY, NC UNIFIED DEVELOPMENT ORDINANCE6.5