§ 62-1445. Same—Maintenance and operation of common facilities and common open space.

(a)

Common open space, drainage systems, private roads and other related common facilities shall be maintained for their intended purpose as expressed in the final development plan. One or a combination of the following methods shall be utilized for maintaining common facilities:

(1)

Maintenance may be provided for by public dedication to the county. This method is subject to formal acceptance by the county in its sole discretion.

(2)

Maintenance may be provided for by establishment of an association or nonprofit corporation of all individuals or corporations owning property within the planned unit development to ensure the maintenance of all common facilities.

(3)

Maintenance may be provided for by retention of ownership, control and maintenance of common facilities by the developer.

(4)

The developer may also request or the county may require that the maintenance of common facilities be funded through a municipal service taxing or benefit unit as provided by F.S. § 125.01.

(5)

Maintenance may be provided by a community development district or other non-profit, public or quasi-public agency whose stated purpose includes perpetual maintenance of such common facilities.

(b)

All privately owned common open space shall continue to conform to its intended use and remain as expressed in the final development plan through the inclusion in all deeds of appropriate restrictions to ensure that the common open space is permanently preserved according to the final development plan. Such deed restrictions shall run with the land and be for the benefit of present as well as future property owners and shall contain a prohibition against partition.

(c)

All common open space and recreational facilities shall be specifically included in the development schedule and be constructed and fully improved by the developer at an equivalent or greater rate than the construction of residential structures.

(d)

If the developer elects to administer common open space through an association or nonprofit corporation, the organization shall conform to the following requirements:

(1)

The developer must establish the association or nonprofit corporation prior to the sale of any lots, parcels or tracts.

(2)

Membership in the association or nonprofit corporation shall be mandatory for all residential property owners within the planned unit development, and the association or corporation shall not discriminate in its members or shareholders.

(3)

The association or nonprofit corporation shall manage all common open space and recreational and cultural facilities that are not dedicated to the public, and shall provide for the maintenance, administration and operation of such land and any other land within the planned unit development not publicly or privately owned, and shall secure adequate liability insurance on the land.

(4)

If the developer elects an association or nonprofit corporation as a method of administering common open space, the title to all residential property owners shall include an undivided fee simple estate in all common open space, or appropriate shares in the association.

(Code 1979, § 14-20.11(E); Ord. No. 95-48, § 1, 10-19-95; Ord. No. 03-52, § 3, 12-16-03)