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HomeMy WebLinkAboutChapter_72 Supplementary Documents Title 18 Chapter 72 SUPPLEMENTARY DOCUMENTS Sections: 18.72.010 General 18.72.020 Property Owners Association 18.72.030 Covenants 18.72.040 Common Area and Facility Maintenance Plan and Guarantee 18.72.010 General When required, the supplementary documents described in this chapter shall be submitted in draft form with the preliminary plat or plan, and signed and notarized with the final plat or plan. The proper notary block shall be used. (Ord. 1645 ~ 1, 2005) 18.72.020 Property Owners Association A. General. If common property is to be deeded to the property owners association or similar organization, of if the property owners association will be responsible for the maintenance of the development's streets, centers, landscaping in street boulevards, parkland or pathways, property owners association bylaws, or the declaration of covenants, conditions, and restrictions shall be prepared and recorded with the final plat. B. Bylaws or Covenants, Conditions, and Restrictions Contents. The property owners association bylaws or declaration of covenants, conditions, and restrictions shall contain the following information: 1. Membership. Automatic and mandatory membership for each property or unit buyer and any subsequent buyer. 2. Common Land/Facilities. The legal description of the common land and a description of common facilities. 3. Enforcement. Persons or entities entitled to enforce the restrictions, responsibilities, and payment of assessments, including the City of Bozeman. 4. Perpetual Reservation. Perpetual reservation and limited use of common property. 5. Right to Use. The right of each property or unit owner to use and enjoyment of any common property or facility. 6. Responsibility. Responsibility for liability insurance, any applicable tax assessments and the maintenance of any common property or facilities to be placed in the association. 7. Assessments. A mechanism to assess the common expenses for the land or facilities including upkeep and maintenance expenses, real estate taxes and insurance premiums. Assessments shall require each property or unit owner to pay a pro rata share of the cost of any common expenses, with any assessment charged by the association becoming a lien where XVIII-72 p1 10/2005 necessary on individual parcels. Safeguards against unreasonably high charges and provision to adjust assessments may be provided. 8. A mechanism for resolving disputes among the owners or association members. 9. The conditions and timing of the transfer of ownership and control of land facilities to the association. 10. Any other matter the developer or the City of Bozeman deems appropriate. 11. In the event it becomes necessary for a property owners association to retain an attorney to enforce any of the association bylaws or covenants, conditions, and restrictions, then the prevailing party shall be entitled to reasonable attorney's fees and costs. C. If the property owners association fails to install or maintain improvements according to approved plans, the City may, at its option, complete construction of improvements and/or maintain improvements in compliance with ~ 18.72.040 and Chapter 18.74. The City's representative, contractors, and engineers shall have the right to enter upon the property and perform such work, and the property owners association shall permit and secure any additional permission required to enable them to do so. The City shall bill the property owners association for any costs associated with the installation or maintenance of improvements. (Ord. 1645 ~ 1, 2005) 18.72.030 Covenants The City of Bozeman may require covenants to be recorded with the final plat when it is determined they are necessary for the protection of the public health, safety, and general welfare. All covenants shall be considered to run with the land. If the covenants are not marked or noted on the final subdivision plat, they shall be contained in a separate instrument which shall be recorded with the final plat. The covenants may be required to include, but are not limited to, the following provisions: A. That all county declared noxious weeds will be controlled. B. A section addressing agricultural uses of neighboring properties in the following form: Lot owners and residents of the subdivision are informed that adjacent uses may be agricultural. Lot owners accept and are aware that standard agricultural and farming practices can result in dust, animal odors and noise, smoke, flies, and machinery noise. Standard agricultural practices feature the use of heavy equipment, chemical sprays and the use of machinery early in the morning and sometimes late into the evening. C. That all fences bordering agricultural lands shall be maintained by the landowners in accordance with state law. D. The property owners association shall be responsible for the maintenance of subdivision streets, common open space, centers, pathways, landscaping in street boulevards, and/or parks. E. That any covenant which is required as a condition of the preliminary plat approval and required by the City Commission may not be amended or revoked without the mutual consent of the owners, in accordance with the amendment procedures in the covenants, and the City Commission. (Ord. 1645 9 1, 2005) XVIII-72 p2 10/2005 18.72.040 Common Area and Facility Maintenance Plan and Guarantee A. Common Area and Facility Maintenance Plan. The developer shall submit a legal instrument setting forth a plan providing for the permanent care and maintenance of commonly owned open spaces, recreational areas, facilities, private streets, and parking lots. The same shall be submitted to the City Attorney and shall not be accepted by the City until approved as to legal form and effect. If the common areas are deeded to a property owners association, the applicant shall record the proposed documents governing the association at the time of final plat filing. Such documents shall meet the following requirements: 1. The property owners association must be established before any residences or other properties are sold. 2. Membership in the association must be mandatory for each property owner with a specified method of assigning voting rights. 3. Open space restrictions must be permanent and not for a period of years; 4. The property owners association must be made responsible for liability insurance, taxes, and maintenance of private streets, open space, and other common facilities. 5. The association must have the power to levy assessments which can become a lien on individual premises for the purpose of paying the cost of operating and maintaining common facilities. 6. The governing board of any such association shall consist of at least five members who shall be owners of property in the development. B. Common Area and Facility Maintenance Guarantee. In the event the organization or any successor organization, established to own and maintain commonly owned open spaces, recreational areas, facilities, private streets, and parking lots, shall at any time fail to maintain the common areas or facilities in reasonable order and condition in accordance with the approved plan, the City Commission may cause written notice to be served upon such organization or upon the owners of property in the development. The written notice shall set forth the manner in which the common areas or facilities have failed to be maintained in reasonable condition. In addition, the notice shall include the demand that the deficiencies noted be cured within thirty days thereafter and shall state the date and place of a hearing to be held within fourteen days of the notice. At the time of hearing, the City Commission may modify the terms of the original notice as to deficiencies and may extend the time within which the same may be cured. If the deficiencies set forth in the original notice or modifications are not cured within the time set, the City may enter upon such common facilities and maintain the same for a period of one year, in order to preserve the taxable values of properties within the development and to prevent the common facilities from becoming a public nuisance. Such entry and maintenance shall not vest in the public any right to use the common facilities not dedicated to public use. Before the one year period expires, the Commission shall, upon its own initiative or upon written request of the organization theretofore responsible for maintenance, call a public hearing and give notice of such hearing to the organization responsible for maintenance or the property owners of the development. At the hearing, the organization responsible for maintenance and/or the residents of the development may show cause why maintenance by the City should not be continued for a succeeding year. If the City Commission determines that it is not necessary for the City to continue such maintenance, the City shall cease such maintenance at the time established by the City Commission. XVIII-72 p3 10/2005 Otherwise the City shall continue maintenance for the next succeeding year sUbject to a similar hearing and determination at the end of each year thereafter. 1. The cost of maintenance by the City shall be a lien against the common facilities of the development and the private properties within the development. The City Commission shall have the right to make assessments against properties in the development on the same basis that the organization responsible for maintenance of the facilities could make such assessments. Any unpaid assessment shall be a lien against the property responsible for the same, enforceable the same as a mortgage against such property. The City may further foreclose its lien on the common facility by certifying the same to the County Treasurer for collection as in the case of collection of general property taxes. 2. Should the property owners association request that the City assume permanent responsibility for maintenance of facilities, all facilities shall be brought to city standards prior to the City assuming responsibility. The assumption of responsibility must be by action of the City Commission and all costs to bring facilities to city standards shall be the responsibility of the property owners association. The City may create special financing mechanisms so that those properties within the area affected by the property owners association continue to bear the costs of maintenance. C. Guarantee for Open Space Preservation. Open space shown on the approved final plan or plat shall not be used for the construction of any structures not shown on the final plan. (Ord. 1645 ~ 1, 2005) XVIII-72 p4 1 0/2005