Title 3, Chapter 12, Section 2
( 3-12-2)
(a) The exclusive and uniform method for the establishment of a
residential community development district shall be by the filing of
the articles of establishment of a community development district
with the clerk of the superior court of the county in which the
district is to be located or, if located in more than one county, of
each of the counties in which the district is located. (b) The articles of establishment of a residential community
development district shall contain the following: (1) The written consent to the establishment of the district by
the owner or owners of 80 percent of the real property to be
included in the district, or documentation demonstrating that the
petitioner has control of 80 percent of the real property to be
included in the district by deed, trust agreement, contract, or
option; (2) A metes and bounds description of the external boundaries of
the district, with a specific metes and bounds description of any
real property within the boundaries of the district which is to be
excluded from the district; (3) A schematic layout of the proposed district with a map of the
proposed and existing residential subdivisions, streets, and roads
in the district and the buildings and grounds to be used in common
by members of the club operating in the district, together with a
commitment that the owner or owners of the real property located
within the district will bear the costs of the construction of
such proposed streets and roads and will maintain the same at no
expense to the county; (4) The proposed name of the district and the location and the
mailing address of the principal office of the district; and (5) A list of at least three persons designated to be the initial
members of the board of control of the district who shall serve in
that capacity until replaced by elected members; provided, that
the members of the board of control shall be elected by the owners
of the real estate within the district who may vote in person or
by proxy in writing at an annual meeting of the district which
date shall be specified in the petition. Each landowner within
the district shall be entitled to cast one vote per one acre of
land owned and located within the district for each person to be
elected. A landowner whose parcel of land measures less than one
acre shall be entitled to one vote with respect thereto. The
selected number of candidates receiving the highest number of
votes shall be elected to the board of control for a period of one
year, or until his or her successor is duly elected and qualified. (c) The articles of establishment and two copies thereof shall be
delivered to the clerk of the superior court who shall, upon the
payment of the fees prescribed in this Code section: (1) Endorse on the articles and on each of such copies the word
"Filed" and the hour, day, month, and year of the filing thereof; (2) File the articles in his or her office and certify the two
copies thereof; and
(3) Issue a certificate of establishment to which he or she shall
affix one certified copy of the articles of establishment and
return such certificate with a certified copy of the articles of
establishment affixed thereto to the board of control of the
district. (d) Upon the filing of the articles of establishment of the
community development district with the clerk of the superior court,
the district's existence shall begin. (e) In lieu of all other charges and fees, the clerk of the superior
court shall charge and collect a fee for filing the articles of
establishment and issuing a certificate of establishment not to
exceed $100.00 for the county and $35.00 for the clerk of the
superior court. |