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', property owners' or condominium association,
subject to the provisions set forth herein. The homeowners', property
owners' or condominium association shall be governed by the following:
A. Documents to be submitted. The subdivider shall provide the Village
with a description of the homeowners', property owners' or condominium
association, including its bylaws, and all documents and restrictive
covenants 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.
The documents required by this section shall be filed with the Village
at the time of preliminary plat submittal.
B. Timetable for creation. The association shall be established by the
owner or applicant of the land division/condominium and such association
shall be operating prior to the sale of any lots or units in the subdivision,
land division or condominium.
C. Mandatory membership. Membership in the association shall be mandatory
and ongoing for all purchasers of lots or units within the subdivision,
land division or condominium and their successors and assigns.
D. Maintenance responsibilities.
(1) The association shall be responsible for maintenance of and insurance
for common areas and facilities. Included in such responsibilities
is ongoing maintenance of any stormwater detention/retention system
facilities or shared community private septic system for that subdivision
or condominium, pursuant to a maintenance plan approved by the Village
and incorporated in the development agreement; such requirement is
only inapplicable where the Village has expressly determined to have,
in the alternative, the Village maintain such facilities and areas.
(2) The members of the association shall share equitably the costs of
maintaining, insuring, and operating common areas and facilities.
The subdivider shall arrange with the Village a method of assessment
of any common areas and facilities; the services of the Village Assessor
or Village Engineer may be utilized in developing such methodology,
at the subdivider's expense.
E. Plan for natural areas. A land stewardship plan for any common open
space or prairies to be maintained in a natural state shall be included
in the submittal of association documents.
F. Notice of transfer of common areas. The Village shall 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 by the association to all members of the
association and the Village at least 30 days prior to such transfer.
G. Failure to maintain. 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 and/or are served by the common
areas and facilities.