<div class="chunk-title">Sec. 4.8 - Homeowner/property owner associations.</div>
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            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Establishment.</span>
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               If a property owners' association or similar legal entity is to be responsible for
               the maintenance and control of roads, open space, recreational facilities, or other
               common areas and facilities associated with a subdivision, it shall be established
               so that it has clear legal authority to maintain and exercise control over the common
               areas and facilities, including the power to compel contributions from subdivision
               residents to cover their proportionate shares of the costs associated with the maintenance
               of the common areas and facilities. Such association or similar legal entity shall
               be established before any dwelling unit or lot in the subdivision is sold or any building
               in the subdivision is occupied.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Documentation.</span>
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               Documents providing for the establishment of a property owners' association or similar
               legal entity in accord with this section shall be submitted to and approved by the
               County Attorney before any plat for the development is recorded. The review by the
               County Attorney shall be limited to ensuring that the property owners' association
               or similar legal entity is established so that it has clear legal authority to maintain
               and exercise control over the common areas and facilities, including the power to
               compel contributions from subdivision residents to cover their proportionate shares
               of the costs associated with the maintenance of the common areas and facilities.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               <span class="ital">Maintenance of Private Subdivision Roads.</span>
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               Private subdivision roads shall be maintained privately by a property owners' association.
               Subdivisions of eight lots or less and family subdivisions shall not be required to
               establish a property owner's association for the maintenance of private roads in the
               subdivision. A maintenance agreement that establishes responsibility for maintenance
               of these roads shall be required for subdivisions of eight lots or less. The maintenance
               agreement for private subdivision roads shall include, but not be limited to, the
               items listed below. In lieu of the legally incorporated property owners' association
               identified below, subdivisions of eight lots or less may provide an agreement including
               all lot owners.
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Reserved.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               A legally incorporated property owners' association shall be established for the property
               owners within the entire subdivision.
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               All property owners within the subdivision shall be members of the property owners'
               association.
               </p>
            		
            <p class="incr2">
               4)
               </p>
            		
            <p class="content3">
               The subdivider shall convey, in a fee simple ownership, all neighborhood private roads
               within the subdivision to the property owners' association.
               </p>
            		
            <p class="incr2">
               5)
               </p>
            		
            <p class="content3">
               The passage of the responsibility for maintenance of neighborhood private roads from
               the developer to the property owners' association shall be noted in the deed of each
               purchaser of property within the subdivision.
               </p>
            		
            <p class="incr2">
               6)
               </p>
            		
            <p class="content3">
               At the time of preparation of the sales agreement, the developer shall include a disclosure
               statement to the prospective buyer. The disclosure statement shall:
               </p>
            		
            <p class="incr3">
               a)
               </p>
            		
            <p class="content4">
               Provide an explanation of the consequences and responsibilities regarding the maintenance
               of a private road and shall fully and accurately disclose the party who shall be responsible
               for the construction and maintenance of the subdivision roads.
               </p>
            		
            <p class="incr3">
               b)
               </p>
            		
            <p class="content4">
               Shall state that the owners of property in this subdivision are responsible for maintaining
               and repairing the roads as well as paying the costs thereof if the roads are private
               and will not be dedicated to NCDOT for maintenance.
               </p>
            		
            <p class="incr3">
               c)
               </p>
            		
            <p class="content4">
               Shall state that County and other governmental services may be restricted or not provided
               for owners of property using private roads for access.
               </p>
            		
            <p class="incr2">
               7)
               </p>
            		
            <p class="content3">
               The buyer of the subject real estate shall receive and sign an acknowledgment of receipt
               of a separate instrument known as the subdivision streets disclosure statement.
               </p>
            		
            <p class="incr2">
               8)
               </p>
            		
            <p class="content3">
               A copy of the disclosure statement required by this section shall be provided to the
               Planning Department at the time of the submittal of the final plat.
               </p>
            		
            <p class="historynote0">
               (Ord. No. O2019-01(5), 11-2-2021)
               </p></div>