1. Maintenance of commercially and residentially zoned private lands, storm water basins, open space, and/or open space buffers and easements is the responsibility of the property owner or a homeowners’ and/or property owners’ association.
2. Developments which include common land not dedicated to the City and not held in single ownership shall have bylaws for a homeowners’ or property owners’ association fully defining the functions, responsibilities and operating procedures of the association. The bylaws shall include but not be limited to provisions which do the following:
A. Automatically extend membership in the association to all owners of dwelling or commercial units and/or land within the development;
B. Limit the uses of the common property to those permitted by the final development plan;
C. Define for each owner of a dwelling or commercial unit and/or land within the development their rights to the use and enjoyment of the common property and grant each owner said rights;
D. Place the responsibility for operation and maintenance of the common property in the association;
E. Define for every owner of a dwelling or commercial unit and/or land their voting rights in the association and grant said rights; and
F. If the development combines rental and for-sale dwelling and/or commercial units, state the relationship between the owners’ association and the renters, and the rights renters shall have to use the common land.
3. Developments with land held in common shall create and record with the Polk County Clerk and Recorder a covenant to run with the land, in favor of the City and all persons having a proprietary interest in any portion of the development premises, that states the owner or owners of the land or their successors in interest will maintain in compliance with City ordinances all interior streets, parking areas, storm water basins and easements, open space buffers and easements, sidewalks, common land, parks and plantings which have not been dedicated to and accepted by the City.