(A) In the event that certain land areas or structures are provided within the PUD for private recreational use or as service facilities, the owner of the land and buildings shall enter into an agreement with the city to assure the continued operation and maintenance to predetermined reasonable standards.
(B) Common areas may be placed under the ownership of one of the following:
(1) Dedicated to the public where a community-wide use would be anticipated;
(2) Landlord control; or
(3) Homeowner’s association; provided, all of the following conditions are met.
(a) The homeowner’s association must be established prior to any sale.
(b) Membership must be mandatory for each owner and any successive buyer.
(c) The open space restrictions must be permanent, not for a given period of years.
(d) The association must be responsible for liability insurance, local taxes and the maintenance of residential and other facilities.
(e) Landowners must pay their pro rata share of the cost and the assessment levied by the association that can become a lien on the property in accordance with state statutes.
(f) The association must be able to adjust the assessment to meet changed needs.
(Ord. 332, passed 5-19-2008)