Common areas or facilities within a land division or condominium
shall be held in common ownership as undivided proportionate interests
by the members of a homeowners' or condominium association, subject
to the provisions set forth herein. The homeowners' or condominium
association shall be governed according to the following:
A. The subdivider shall provide the Village with a description of the
homeowners or condominium association, including its bylaws, and all
documents governing maintenance requirements and use restrictions
for common areas and facilities. These documents shall be subject
to review as to form by the Village Attorney at the subdivider's expense.
B. The association shall be established by the owner or applicant and
shall be operating prior to the sale of any lots or units in the subdivision
or condominium.
C. Membership in the association shall be mandatory for all purchasers
of lots or units therein and their successors and assigns.
D. The association shall be responsible for maintenance and insurance
of common areas and facilities.
E. A land stewardship plan for any common open space to be retained
in a natural state shall be included in the submittal of association
documents.
F. The members of the association shall share equitably the costs of
maintaining, ensuring, and operating common areas and facilities.
G. The association shall have or hire adequate staff to administer,
maintain, and operate common areas and facilities.
H. The subdivider shall arrange with the Village Assessor a method of
assessment of any common areas and facilities, which will allocate
to each lot, parcel, or unit within the land division or condominium
a share of the total assessment for such common areas and facilities.
I. The Village may require that it receive written notice of any proposed
transfer of common areas or facilities by the association or the assumption
of maintenance of common areas or facilities. Such notice shall be
given to all members of the association and to the Village at least
30 days prior to such transfer.
J. In the event that the association established to own and maintain
common areas and facilities, or any successor organization thereto,
fails to properly maintain all or any portion of the aforesaid common
areas or facilities, the Village may serve written notice upon such
association setting forth the manner in which the association has
failed to maintain the aforesaid common areas and facilities. Such
notice shall set forth the nature of corrections required and the
time within which the corrections shall be made. Upon failure to comply
within the time specified, the association, or any successor association,
shall be considered in violation of this chapter, in which case the
Village shall have the right to enter the premises and take the needed
corrective actions. The costs of corrective actions by the Village
shall be assessed against the properties that have the right of enjoyment
of the common areas and facilities.
[Amended at time of adoption of Code (see Ch. 1, Art. II,
Adoption of Code)]
Before or as a condition of receiving final approval from the Village Board of any final plat, condominium plat, or certified survey map for which public improvements are required by this chapter; or for which public improvements, dedications, or fees are being deferred under this chapter; or for which phasing approval is being granted under §
500-13D(1) of this chapter, the subdivider shall sign and file with the Village Board a development agreement. The development agreement shall be approved as to form by the Village Attorney, and shall be approved by the Village Board prior to approval of the final plat, condominium plat, or certified survey map.