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Article 7: Subdivisions Section 7.4: Improvements and Performance Guarantees Orange County, North Carolina – Unified Development Ordinance Page 7-6 (A) For a public road, the North Carolina Department of Transportation; (B) For utilities, the utility provider; (C) For landscaping, the individual homeowners or a property owners’ association; For a private road and other community facilities such as recreation and stormwater management improvements, the individual homeowners or a property owners’ association or similar legal entity 7.4.6 Property Owners’ Association (A) Where a neighborhood, Pproperty Oowners’, or Hhomeowners’’s association Association, or similar legal entity is to be responsible for the maintenance and control of any improvements required as part of subdivision approval, the subdivider shall file, with the Planning Department and record with the final plat, a declaration of covenants and restrictions, articles of incorporation, where required, and/or by-laws as approved by the County Attorney that will govern the maintenance and control of such improvements. Provisions shall include but not be limited to the following: (1) The association shall be established before any homes are sold and/or any building occupied; (2) Membership shall be mandatory for each home buyer and all successive buyers; (3) The association shall be responsible for liability insurance, local taxes and maintenance of recreation, Common Open Space areas, and other facilities, including streets and utility lines; (4) The homeowners must pay their pro- rated share of the costs, and any sums levied by the association that remain unpaid shall become a lien on the individual homeowner's property which shall be subordinate only to tax and mortgage liens; (5) If all or any portion of the property held by the association is being disposed of, or if the association is dissolved, adequate recreation space shall be deeded to Orange County or the appropriate unit of local government to satisfy the public recreation space required by this Ordinance; (6) The lot owner of each dwelling unit or lot shall have voting rights in the association; and (7) The homeowners association shall be able to adjust any assessments to meet changed needs. (B) When articles of incorporation are required, they shall be submitted in the form in which they will be filed with the North Carolina Secretary of State and, upon filing, a copy of the articles of incorporation shall be provided to the Planning Department. 7.4.7 Assumption of Maintenance Responsibilities by Property Owner’s Association In those instances where a property owner’s association, as detailed within subsection 7.4.6, is to assume maintenance responsibility for improvements within the subdivision, the following process shall be adhered to: (A) The subdivider/developer shall be required to submit to the Planning Department, in writing, notification that he or she intends to transfer maintenance responsibilities to an established property owner’s association. (B) The subdivider/developer shall coordinate and schedule a joint meeting with Planning Department staff and property owner’s association members and officers to review the status of all required improvements and outline the association’s perpetual maintenance responsibility. The meeting shall take place at the Planning Department’s office during normal business hours. 171