As part of a planned unit residential development, a homeowners association, community association, condominium association or similar legal entity shall be created so that such association is responsible for the maintenance and control of common areas, including the required restricted open space, private streets and common drives.
(a) The City Attorney shall determine that, based on documents submitted with the development plan, the association's bylaws or code of regulations specify the following requirements:
(1) Membership in the Association shall be mandatory for all purchasers of lots in the development or units in a condominium.
(2) The Association shall be responsible for maintenance, control, and insurance of restricted open space and common areas.
(3) The Association shall have the power to impose assessments on members for the maintenance, control and insurance of restricted open space and common areas, and have the power to place liens against individual properties for failure to pay assessments.
(b) The Association shall not authorize its dissolution or the sale, transfer or other disposal of any common area, including restricted open space, without (i) an affirmative vote of seventy-five percent (75%) of its members, (ii) having established a successor entity to take over said property pursuant to the City's Planning and Zoning Code; and (iii) the approval of City Council.
(c) 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 condominium units, houses and vacant building lots.
(Ord. 62-2023. Passed 1-16-24.)