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39 <br /> maintainance by the appropriate responsible ag rgngysuch as a utility provider or <br /> the North Carolina Department of Transportation <br /> Where a neighborhood or homeowners association or similar legal entity is to be <br /> responsible for the maintenance and control of any improvements required as part <br /> of subdivision approval,the subdivider shall file with the Planning Department <br /> and record with the final plat, a declaration of covenants and restrictions, articles <br /> of incorporation, where required,and/or by-laws as approved by the County <br /> Attorney that will govern the maintenance and control of such improvements. <br /> Provisions shall include but not be limited to the following: <br /> (a) The association shall be established before any homes are sold and any <br /> building occupied; <br /> (b) Membership shall be mandatory for each home buyer and all successive <br /> buyers; <br /> (c) The association shall be responsible for the liability insurance, local taxes <br /> and maintenance of recreation and other facilities,including streets and <br /> utilitiy lines; <br /> (d) The homeowners must pay their pro rate share of the costs, and any sums <br /> levied by the association that remain unpaid shall become a lien on the <br /> individual homeowner's property which shall be subordinate only to tax <br /> and mortgage liens; <br /> (e) If all or any portion of the property held by the association is being <br /> disposed of, or if the association is dissolved, adequate recreation space <br /> shall be deeded to Orange County or the appropriate unit of local <br /> government to satisfy the requirements for public recreation space under <br /> Section IV-B-7-b of this Ordinance; <br /> (f) The lot owner of each dwelling unit or lot shall have voting rights in the <br /> association; and <br /> (g) The homeowners association shall be able to adjust any assessments to <br /> meet changed needs. <br /> Where articles of incorporation are required, they shall be submitted in the form in <br /> which they will be filed with the North Carolina Secretary of State and, upon <br /> filing, a copy of the articles of incorporation shall be provided to the Planning <br /> Department. <br />