§ 7.7. Ownership of open space.

A.

All open space shall be permanently protected and held in fee simple interest by a qualified conservation organization as defined in the Georgia Uniform Conservation Easement Act, O.C.G.A. § 44-10-1 et seq., or a homeowners association established in accordance with the Georgia Property Owners Association Act, O.C.G.A. § 44-3-220 et seq., or a land trust, or Fulton County. If accepted by the county, the property must be in accordance with the provisions herein.

B.

Individual lots of five or more acres may provide open space on individual lots through a conservation easement or permanent restrictive covenant. Primary and secondary conservation area calculations shall not apply.

7.7.1.

Ownership of open space by a homeowners association. Open space that is owned by a homeowners association is subject to the following:

A.

Prior to the approval of the final plat, the developer of a subdivision shall submit a description of the homeowners association, including by-laws, and methods for maintaining the open space.

B.

Membership of each lot owner in the subdivision shall be mandatory.

C.

The homeowners association shall be responsible for maintenance, insurance, and taxes on the open space.

D.

The homeowners association shall not be dissolved before providing the appropriate documentation to transfer conservation easements and restrictive covenants.

E.

Any transfer of conservation easements and restrictive covenants is subject to the approval of the director.