The city shall have the right, but not the obligation, to access, maintain, repair,
replace and otherwise care for or cause to be cared for, the community subdivision
infrastructure, or any component thereof, including, but not limited to, any and all
private areas, drainage systems (including without limitation, the retention/detention
areas and underdrains), common properties, private roads, screening walls, and such
other subdivision infrastructure not otherwise dedicated to the public use or the
city. Further, the city shall have the right, but not the obligation, to cause to
be prepared any report, study, or inspection required by this division, if the HOA
fails to obtain such reports, studies, or inspections required by this division in
the time provided. In the event any or all of the components of the community subdivision
infrastructure are not maintained, repaired, or replaced in accordance with the standards
of the City Code, good engineering practices, or become a nuisance, or the required
reports, studies, or inspections are not obtained, each of the lot owners of the subdivision
are hereby ultimately responsible for payment of the cost of reports, studies, inspections,
maintenance, repair, replacement and care provided by or for the city, plus administrative
costs and attorneys' fees and costs incurred by the city. If said costs are not paid
within 15 days of invoicing to the HOA and the lot owners, then said costs shall constitute
a lien on the property of the owner which fails to pay such costs and may be enforced,
without limitation, by foreclosure, special assessments, or as may otherwise be permitted
by law. This right, and the city's exercise of said right, shall not impose any obligation
on the city to maintain, repair, replace, or otherwise care for any or all components
of the community subdivision infrastructure or cause to be prepared any reports, studies,
or inspections.
Without limiting the foregoing, upon any default by the HOA or the developer in any
requirement of either this article or the declaration required under this article,
the city, at its option (and without limiting its remedies) and after due notice of
its declaration of a default and a reasonable time to cure, may prohibit closure of
the gates and utilize all HOA monies on deposit in the routine-community subdivision
infrastructure-maintenance account and the capital-reserve accounts or, if no monies
exist or if an insufficient amount exists, using such other revenues or financing
methods as the city may elect, including, but not limited to, special assessments
against the all of the subdivision lots. The city shall have the right to enforce
against the HOA and developer the requirements of this division and the provisions
of the declaration required in this division. Further, without limiting the foregoing,
upon any default by the developer of any requirement of this division, the city shall
be entitled to withhold the issuance of certificates of occupancy and building permits
for improvements within the project and withhold the issuance of development orders,
certificates of occupancy and building permits for any other project the developer
is the developer of record until such time as the default is cured.
