[Amended 12-14-2010 by Ord. No. 2010-14]
The intent of this article is to require the establishment of a nonprofit organization to be known as the "property owners’ association." The property owners’ association shall be created by the subdivider whenever a proposed subdivision contains dedicated common areas, easements, private streets serving more than two lots, stormwater management facilities and/or public roads. The property owners’ association shall be charged with the continuous maintenance and management of all common areas, easements, private streets, stormwater management facilities, and dedicated facilities associated with an approved subdivision. The property owners’ association shall conform to the Condominium Act, Code of Virginia (1950), as amended.[1]
[1]
Editor's Note: See Code of Virginia, § 55-79.39 et seq.
A. 
The subdivider shall file legal documents that establish procedures for the establishment of a nonprofit property owners' association prior to the sale of any lot in an approved subdivision. These legal documents shall be submitted to the Subdivision Administrator and the County Attorney for review and approval prior to the final subdivision plats. These documents shall include but not be limited to provisions for dedication of common properties, declarations of covenants, conditions and restrictions, articles of incorporation, bylaws and deed clauses for common areas.
B. 
All final contracts between the subdivider and all lot purchasers shall include a consumer disclosure statement listing the property owners' association's annual assessments and the copy of the final approved property owners' association bylaws. Membership in the property owners' association shall be mandatory for each original purchaser and each successive purchaser of a lot in any approved subdivision.
[Amended 12-12-2023 by Ord. No. 2023-06]
The subdivider shall be responsible for the management and maintenance of all private common areas including alleys, easements and improvements in the approved subdivision until the improvements are taken over by the property owners' association. The subdivider shall exercise all powers and duties of the property owners' association, including assessment and collection of charges. Prior to the sale of the lot constituting 50% of all approved buildable lots, all common areas, easements and improvements shall be transferred from the developer to the property owners' association. All private common areas including alleys, easements and improvements shall be in good operating order and condition and in compliance with applicable laws, codes and regulations at the time of transfer to the property owners' association. The subdivider shall notify the Department of Planning and Code Enforcement when the transfer of control to the property owners' association occurs.
Within subdivisions containing 20 or more lots, all funds associated with a property owners' association shall be maintained in interest-bearing escrow accounts approved by the property owners' association's Board of Directors. The treasurer of the property owners' association shall be bonded and shall be responsible for providing annual statements, preparing and submitting an annual budget and making financial recommendations to the Board of Directors.
All private common areas, easements, stormwater management facilities and dedicated facilities shall be continuously maintained in a fashion where the use, function and appearance is in conformance to the provisions of the Shenandoah County Code. The County shall have the right to inspect any common area, easement, stormwater management facility or dedicated facility to ensure that the requirements of the Shenandoah County Code are complied with. If the maintenance of common areas, easements, stormwater management facilities or dedicated facilities is neglected or becomes a danger to public health or safety, the locality shall have the authority to perform the work necessary to bring the area into compliance with all applicable codes and recover all costs from the owner(s).
In the event that the subdivider or the property owners' association is found to be in violation of any provision established in this Article, the County of Shenandoah shall have all powers of enforcement to ensure compliance with all applicable laws, codes and regulations.