[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.
