ORC Agenda Packet - July 9 2025 - Laserfiche WebLink

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Article 7: Subdivisions 62 Section 7.4: Improvements and Performance Guarantees (1) Establishment of Tthe association shall be established h��raprior to the sale of any homes art�sel,�d and/or a occupation of any building ied; (2) Mandatory mMembership shall he maAdator,y 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-fivii�ee�"vrnc�.�-must pay their pro-rated share p off the vests, '�'—and-arny s levied by the aSSGGiatien that remain unpaid shall beGerne a lieR GR the i-ndividual �meewnrer'�perty wh+N�'�Gh shall be suhnrdinate nnlY to tax and mortgage Liens WLLIf 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; f (5) The Int nWnnr of nit or let chill have vmtinn rights in the aSSOGiatie;and 45 g4Lq 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. 7.4.77.4.6 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 undelivered improvements within t#e-a subdivision—, the follewing PFOGess shall be adhered to• (A) The subdivider shall be required te submit te the Planning Department, in writlng-, notification that he or she intends to transfer maintenance responsibilities to an established property owner's association (B) The subdivider shall GGE)rdinate d SGhedule a joint meeting with Planning Depa*n8Rt staff and pmperty owner's aSSE)Giatien rnembp—rs and- P-ff0P-P-.rsq to review the status of all FequiFed improvements and o6itline the perpetual maintenanGe responsibility. T14e, meeting shall take plaGe at the Planning Department's OffiGe during normal business hours. (.C) The subdov'der shall prepare to he approved On both for a GORteRt by the Planning Department and County Attorney, outlining the GUrrent Genforming sta of all required improvernents and providing documentation that th i kts have receRfl�' been inspected and certified as being compliant with feder .1, qt;;tl, and local regulatio (z) Officers of the property owner's association shall review and the said document confirming the association's obligation an the perpetual maintenance of improvements and facilities for which responsibility is being ass urn (E) Said documentshall, exes4en, he recorded with the Orange County RegisteF of Deeds, at the expense of the subdivider as fermal that maiRteRaRGe rosnonsihilities have boon assi�med by the propertty�eyiner's assermatiOR. (F) Tthe Planning Department shall not release the subdivider of maintenance responsibilities, or authorize the release of Performance Guarantees, until this process is completed.46 "These are private matters outside the County's purview. "This is generally a private civil matter that does not need to involve the county. Orange County, North Carolina—Unified Development Ordinance Page 7-7