§ 33-163.11. Conveyance and maintenance provisions.

All land designated on approved plans as common open space will be conveyed and maintained under one (1) of the following procedures:

(1)

For those projects developed under a condominium arrangement, common open space shall be maintained under the applicable Florida State law.

(2)

The common open space may be funded by either (i) a special taxing district subject to approval by the County, composed of the owners of dwelling units located in the villa development; or (ii) such other funding mechanism as may be approved by the Miami-Dade Board of County Commissioners or its successor entity, provided that the instrument shall specify the common use elements to be funded by such special taxing district or other funding mechanism. Said instrument shall be created and approved by the Board of County Commissioners prior to the earlier of plat approval or building permit issuance.

(3)

The common open space may be conveyed to a homeowners' association, in which case conveyance shall be subject to covenants to be approved by the County restricting the open space to uses specified in the final plan and providing for the maintenance of the common open space in a manner that assures its continuing use for its intended purpose provided that:

(a)

Approval by the Miami-Dade County Attorney's Office shall be required.

(b)

A homeowners' association shall be established before the units or individual building lots are sold.

(c)

Membership shall be mandatory for each resident and said association shall have the authority to adjust the assessment to meet the needs of maintaining the open space.

(d)

Any sums levied by the homeowners' association that remain unpaid shall become a lien on the individual property and said lien shall be superior to all other liens save and except tax liens and mortgage liens, provided said mortgage liens are first liens against the property encumbered thereby, subject only to tax liens and secure indebtedness which are amortized in monthly or quarter annual payments over a period of not less than ten (10) years.

(e)

The homeowners' association shall be responsible for maintenance and local taxes.

(Ord. No. 10-22, § 2, 3-2-10)