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Article 7: Subdivisio <br /> Section 7.4: Improvements and Performance Guarantees <br /> {A) For a public road, the North Carolina Department of Transportation; <br /> {B) For utilities, the utility provider; <br /> {C) For landscaping, the individual homeowners or a property owners' association; For a <br /> private road and other community facilities such as recreation and stormwater <br /> association or similar legal entity <br /> 7.4.6 Property Owners' Association <br /> (A) Where a neighborhood, Property Oewners', or omeownersIs association <br /> Association, or similar legal entity is to be responsible for the maintenance and control of <br /> any improvements required as part of subdivision approval, the subdivider shall file, with <br /> the Planning Department and record with the final plat, a declaration of covenants and <br /> restrictions, articles of incorporation, where required, and/or by-laws as approved by the <br /> County Attorney that will govern the maintenance and control of such improvements. <br /> Provisions shall include but not be limited to the following: <br /> (1) The association shall be established before any homes are sold and/or any <br /> building occupied; <br /> (2) Membership shall be mandatory for each home buyer and all successive buyers; <br /> (3) The association shall be responsible for liability insurance, local taxes and <br /> maintenance of recreation, Common Open Space areas, and other facilities, <br /> including streets and utility lines; <br /> (4) 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 individual <br /> homeowner's property which shall be subordinate only to tax and mortgage liens; <br /> (5) If all or any portion of the property held by the association is being disposed of, or <br /> if the association is dissolved, adequate recreation space shall be deeded to <br /> Orange County or the appropriate unit of local government to satisfy the public <br /> recreation space required by this Ordinance; <br /> (6) The lot owner of each dwelling unit or lot shall have voting rights in the <br /> association; and <br /> (7) The homeowners association shall be able to adjust any assessments to meet <br /> changed needs. <br /> (B) When articles of incorporation are required, they shall be submitted in the form in which <br /> they will be filed with the North Carolina Secretary of State and, upon filing, a copy of the <br /> articles of incorporation shall be provided to the Planning Department. <br /> 7.4.7 Assumption of Maintenance Responsibilities by Property Owner's Association <br /> In those instances where a property owner's association, as detailed within subsection 7.4.6, is to <br /> assume maintenance responsibility for improvements within the subdivision, the following process <br /> shall be adhered to: <br /> (A) The subdivider' er shall be required to submit to the Planning Department, in <br /> writing, notification that he or she intends to transfer maintenance responsibilities to an <br /> established property owner's association. <br /> (B) The subdivider41-eve-l-ape shall coordinate and schedule a joint meeting with Planning <br /> Department staff and property owner's association members and officers to review the <br /> status of all required improvements and outline the association's perpetual maintenance <br /> responsibility. The meeting shall take place at the Planning Department's office during <br /> normal business hours. <br /> Orange County, North Carolina—Unified Development Ordinance Page 7-6 <br />