35-5-10 Ownership and management of open space

(1) A homeowners association representing residents of the conservation subdivision may own the open space. If owned by a homeowners association, membership in the association shall be mandatory and automatic for all subdivision homeowners and their successors. The homeowners association’s lien authority shall be governed by the UCA 57-8a Community Association Act. (2) The owner shall bear responsibility for maintaining the open space and any facilities thereon. (3) The applicant shall submit a plan for the management of open space and common facilities that: (a) allocates responsibility and guidelines for the maintenance and operation of the open space and any facilities located thereon, including provisions for ongoing maintenance and long-term capital improvements; (b) estimates the costs and staffing requirements needed for maintenance and operation of, and insurance for, the open space, and outlines how funding will be obtained or provided; (c) provides that changes to the plan must be approved by the County Council; and (d) provides for enforcement of the plan. (4) If the party responsible for maintenance of the open space fails to maintain all or any portion in reasonable order and condition, the county may assume responsibility for its maintenance and enter the premises and take corrective action, including the provision of extended maintenance. The costs of such maintenance may be charged to the homeowners association or the individual property owners and may include administrative costs and penalties. Such costs may become a lien if unpaid. (Ord. 2022-32, 11/29/22)