29.30.700 Common facilities ownership and maintenance requirements.
(1) The responsibility for the maintenance and operation of common facilities shall be determined prior to final approval. Said facilities may be maintained and operated by the land divider, a lot owners’ association, a public agency or a private agency consistent with applicable State requirements.
(2) Common facilities within a land division may be dedicated to an association of lot owners. Common facilities may include, but are not limited to, sewage disposal, water supply, drainage, streets and recreation areas intended to serve primarily the lot owners of the land division. If said common facilities are to be owned and managed by a lot owners’ association, said lot owners’ association shall be established prior to final approval. The association is responsible for operating and maintaining all common facilities which have been dedicated or deeded to it by the land divider. The by-laws of the association shall authorize, at a minimum, the following responsibilities and authorities:
(a) To enforce covenants and conditions required by this title, or in the lot owners’ association.
(b) To levy and collect assessments against all lots to adequately accomplish the association’s responsibilities.
(c) To collect money from unit owners to finance future improvements.
(d) To collect delinquent assessments through the courts, including money to pay for the costs of court action.
(e) To enter into contracts to build, maintain and manage common facilities required by this title.
(f) To allow for the ability for a single lot owner to authorize the collection of assessments and the expenditure of funds for the construction of those improvements required by the large lot subdivision requirements as specified in this chapter.
(g) To allow amendments to the by-laws for improvements required by this title require a land division alteration to be submitted, approved and finalized in accordance with this title.
(3) The final plat shall include a statement which requires indefinite existence of the association and automatic membership in the association upon assumption of ownership of a lot within the plat. The association by-laws shall be submitted and approved by the Administrator prior to final approval. The by-laws required for this section shall be separate from any by-laws or private covenants established by the subdivider.
(4) Any private covenants or restrictions proposed by the subdivider shall not be included with any required by-laws set forth by this title.