(A) All land shown on the final development plan as common open space must be conveyed to homeowners association or similar organization provided in an indenture establishing an association or similar organization for the maintenance of the planned unit development. The common open space must be conveyed to the homeowners association or similar organization subject to covenants to be approved by the City Attorney which restrict the common open space to the uses specified on the final development plan, and which provide for the maintenance of the common open space in a manner which assures its continuing use for its intended purpose.
(B) If a homeowners association is created, the applicant shall submit any required homeowner association documents at the time of the first final plat of development to the City Attorney and city staff which explain:
(1) Ownership and membership requirements.
(2) Articles of incorporation and bylaws.
(3) Time at which the developer turns the association over to the homeowners.
(4) Approximate monthly or yearly association fees for homeowners.
(5) Specific listing of items owned in common including such items as roads, recreation facilities, parking, common open space grounds, and utilities.
(Ord. 2011-06-07A, passed 6-7-2011)