§ 33-202.9. Ownership and maintenance of common open space.

All land designated on approved plans as common open space, except public rights-of-way, including green(s) and all structures, roads and permitted drives devoted to the common use of the inhabitants of this district shall be owned and maintained as follows:

(1)

Any such common open space shall either be owned by a property homeowners' association, a special taxing district or a similar entity. In the case of a homeowners' association, the ownership shall be subject to covenants providing for the maintenance of the common facilities in a manner that assures its continuing use for its intended purpose and provided that a homeowners' association shall comply with the following requirements:

(a)

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

(b)

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

(c)

Any assessments levied by the homeowner's association shall be a lien superior to all other liens, except tax liens and mortgage liens are first liens against the property encumbered thereby.

(d)

The homeowner's association shall be responsible for maintenance of common elements and local taxes on such common elements.

(e)

No amendment(s) shall be permitted to the homeowner's association documents which would have the effect of modifying or eliminating requirements for the common areas without the prior written consent of Miami-Dade County.

(Ord. No. 06-96, § 1, 6-20-06)