§ 33-284.53. Ownership and maintenance of common open space(s) and civic use buildings.

All land designated on approved plans as common open space, including squares, greens and parks, and all structures devoted to the common use of the inhabitants of a TND will be owned and/or maintained under one or more of the following structures:

(A)

Those projects developed under a condominium ownership shall be in accordance with applicable Florida law, or

(B)

The common open space and civic uses shall be maintained under a special taxing improvement district or community development district as approved by the Board of County Commissioners, or

(C)

The common open space and civic uses shall be owned and maintained as provided under the provisions of the property homeowners' association declaration, which shall, at a minimum, provide for the maintenance of all common facilities covered by the documents in a manner that assures their continued use for their intended purposes and provided further that the property homeowners' association declaration shall comply with the following requirements:

(1)

Approval for form and legal sufficiency as to compliance with the ordinance by the Miami-Dade County Attorney's Office.

(2)

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

(3)

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 and common facilities.

(4)

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.

(Ord. No. 91-41, § 1, 4-2-91; Ord. No. 03-47, § 8, 3-11-03; Ord. No. 11-83, § 3, 11-15-11)