When required by this Planning and Zoning Code, a homeowner's association, community association, condominium association or similar legal entity shall be created to be responsible for the maintenance and control of common areas, including the required open space, open space easements, private streets, facilities, common drives, and other areas dedicated to common use. The Law Director shall determine that the entity's bylaws or code of regulations incorporate the following requirements:
(a) Membership in the Association shall be mandatory for each owner of a lot in the development or unit in a condominium;
(b) The Association shall be responsible for maintenance, control, and in surety of open space and all common areas, including any applicable easements;
(c) The Association shall have the power to impose assessments on members to pay for the maintenance, control and insurance of open space and common areas, and the power to record liens against individual properties for failure to pay assessments as permitted by the Ohio Revised Code;
(d) The conditions and timing of transfer of control from the developer to the association shall be specified;
(e) The Association shall not authorize its dissolution or the sale, transfer or other disposal of any common area, including restricted open space, without:
(1) An affirmative vote of seventy-five percent (75%) of its members,
(2) Creating a successor entity under Ohio law to accept the property pursuant to the City's Planning and Zoning Code; and
(3) The approval of the City Council; and,
(f) The Association shall convey to the City and other appropriate governmental bodies, after proper notice, the right to enter common areas 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 reimbursement of costs, including the right to file liens against individual condominium units, houses, and vacant building lots.
(g) A certified copy of all covenants and restrictions that may be applicable and amendments thereto recorded with the Geauga County Recorder's Office shall be submitted to the Community Development Administrator within ten days of recording. (Ord. 3273. Passed 5-9-24.)