§ 50-14. Homeowners and condominium associations

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:

(1)

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 and approval by the village board and plan commission and subject to review by the village attorney as to form at the subdivider's expense.

(2)

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.

(3)

Membership in the association shall be mandatory for all purchasers of lots or units therein and their successors and assigns.

(4)

The association shall be responsible for maintenance and insurance of common areas and facilities.

(5)

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.

(6)

The members of the association shall share equitably the costs of maintaining, insuring and operating common areas and facilities.

(7)

The association shall have or hire adequate staff to administer, maintain and operate common areas and facilities.

(8)

The subdivider shall arrange with the village assessor a method of assessment of any common areas and facilities, which will allocate to each lot or unit within the subdivision or condominium a share of the total assessment for such common areas and facilities.

(9)

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.

(10)

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 proportionately on the properties that have the right of enjoyment of the common areas and facilities.

(11)

The association shall provide to the village contact information for the person(s) responsible for administering the association bylaws. Updated contact information shall be provided when a new association member(s) assumes such responsibility.

(Ord. No. 802-13, § 1(Att.), 4-22-2013)