All land designated on approved plans as common area, including squares and parks, alleys and all structures devoted to the common use of the inhabitants of a TND, will be owned
and/or maintained as follows:
(a) Those projects developed under a condominium ownership shall be in accordance with applicable Ohio law.
(b) On projects not developed under condominium ownership, the common area and Civic Uses shall be owned by a property owners' association, in which case the ownership shall be subject to covenants providing for the maintenance of common facilities in a manner that assures its continuing use for its intended purpose and provided that the property owners' association shall comply with the following requirements:
(1) Approval by the municipal attorney for form and legality as to compliance with this paragraph.
(2) An association shall be established before the units or individual building lots are sold.
(3) Membership shall be mandatory for each property owner and said association shall have the authority to adjust the assessment to meet the needs of maintaining the open space and common facilities.
(4) Any sums levied by the homeowners' association that remain unpaid shall become a lien on the individual property and said lien shall be superior to all other liens except tax liens and mortgage liens, provided said mortgage liens are first liens against the property encumbered thereby, subject only to tax liens and secure indebtedness which are amortized in monthly or quarter annual payments over a period of not less than 10 years.
(Ord. 41-01. Passed 8-20-01.)