As part of a cluster development, a homeowners association or similar legal entity shall be created so that, pursuant to Sections 1266.06 and 1266.07 above, such association is responsible for the maintenance and control of common areas, including the required open space and private streets. Such association shall become effective upon the sale of the first home in such development. At the time of final development plan approval, the applicant shall provide the Law Director with copies of the Declaration, Articles of Incorporation and Code of Regulations. No final development plan shall be approved without a written opinion from the Law Director stating that these submitted documents demonstrate full compliance with the provisions of this division in that these documents, read in their entirety, contain appropriate provisions implementing all of the following requirements.
(a) Membership in the Association shall be mandatory for all purchasers of lots or units in the cluster development. The conditions and timing of transfer of control from the developer to the unit or lot owners shall be provided for as specified in the Association's Declaration or Code of Regulations.
(b) The Association shall not authorize its dissolution or the sale, transfer or other disposal of any common area, including common open space, without an affirmative vote of 75% of its members; having established a successor entity to take over the property pursuant to the City’s Planning and Zoning Code; and the approval of the Planning Commission and City Council.
(c) The Association shall:
(1) Be responsible for maintenance, control and insurance of common areas, including the required common open space.
(2) Impose assessments on members for the maintenance, control and insurance of common areas, and have the power to place liens against individual properties for failure to pay assessments as provided for by the Association's Declaration Code of Regulations.
(3) Have the authority to enforce reasonable rules and regulations governing the use of, and payment of assessments for maintenance, control and insurance of, common areas by such means as reasonable monetary fines, suspension of the right to vote and the right to use any recreational facilities in the common area, the right to suspend any services provided by the Association to any owner, and the right to exercise self-help to cure violations.
(d) The Association shall convey to the City and other appropriate governmental bodies, after proper notice, the right to entrance to any common area for emergency purposes or in the event of nonperformance of maintenance or improvements affecting the public health, safety and welfare. Such governments shall have the right, after proper notice, to make improvements and perform maintenance functions. In addition, the City shall have the right to proceed against the Association for reimbursements of said costs, including the right to file liens against individual units, houses and vacant building lots.
(Ord. 58-01. Passed 5-29-01.)