Section 16.16.050 Public improvements agreement (guarantee).
A. As a condition of approval of the
final plat, the subdivider shall have installed all
required improvements or shall enter into a subdivision improvements agreement guaranteeing
the construction installation, and maintenance of all such improvements in accordance with
Section 76-3-507 MCA.
B. If common property is to be deeded
to a property owners' association, the covenants and
restrictions which govern the association shall, at a minimum, provide for:
1. Formation of property owners' association
before any property is sold;
2. Mandatory membership for each property
buyer and any subsequent buyer; (buyers may
be required to sign a waiver of right to protest the formation of a maintenance district to maintain
improvements);
3. Perpetual reservation of the common
property;
4. The association's responsibility
for liability insurance, local taxes, and the maintenance
of recreational and other facilities;
5. Property owners paying their pro-rata
share of the cost and that the assessment charged
by the association can become a lien on the property;
6. The association adjusting assessments
to meet changing needs;
7. Means of receiving, processing
and enforcing complaints;
8. Required permission of the city
council before the association can be dissolved or the
restrictions can be modified;
9. A regular maintenance program for
roads, parks, buildings, drainage facilities and other
mutually controlled facilities. (Ord. 131 (part), 1998: prior code § 16.01.020C-5)
