(A) In order that the purposes of this subchapter may be achieved, the property shall be in single ownership or under the management and supervision of a central authority or otherwise subject to such supervisory lease or ownership control as may be necessary to carry out the provisions of this chapter.
(B) Prior to the use or occupancy or sale of the execution of contracts for sale of an individual building unit, parcel, tract, townhouse, apartment, or common area, a declaration of covenants, conditions, and restrictions or an equivalent document shall be filed with the city to be made prior to the filings of declaration or document or floor plans with the recording officers of the county.
(C) Approval of the city shall be secured as to the documents described in § 154.118(B).
(D) The declaration of covenants, conditions, and restrictions or equivalent document shall specify that deeds, leases, or documents of conveyance affecting buildings, units, parcels, tracts, townhouses, or apartments shall subject such properties to the terms of the declaration.
(E) The declaration of covenants, conditions, and restrictions shall provide that an owners’ association or corporation shall be formed and that all owners shall be members of the association or corporation, which shall maintain all properties and common areas in good repair and which shall assess individual property owner’s proportionate shares of joint or common costs. This declaration shall be subject to the review and approval of the City Attorney. The intent of this requirement is to protect the property values of the individual owner through establishing effective private control.
(F) The declaration shall additionally, among other things, provide that if the association or corporation fails to maintain properties in accordance with the applicable rules and regulations of the city or fails to pay taxes or assessments on properties as they become due and if the city incurs any expenses in enforcing its rules and regulations, which expenses are not immediately reimbursed by the association or corporation, the city shall have the right to assess each property its pro rata share of expenses. Such assessments, together with interest and costs of collection, shall be a lien on each property against which each such assessment is made; and, in addition, each such assessment, together with such interest and such costs of collection, shall also be a personal obligation of the person who was the owner of such property at the time the assessment became payable.
(G) It is the intent of this subchapter to require subdivision of property simultaneous with application for conditional use. The subdivision and/or platting of land as planned unit development shall be subject to the requirements for approval and recording with the County Recorder as have been established by the city.
(Prior Code, § 13.39)