A. The unencumbered, fee simple title and ownership of all common open space, easements, and recreational areas or facilities in a PRD shall be conveyed and transferred to an independent Homeowners' Association structured as a California nonprofit mutual benefit corporation. The primary objective of the Homeowners' Association shall be the permanent retention and maintenance of the common open space, recreation and other common areas and facilities for the continued common use of the owners and occupants of the development, as required by this chapter.
B. Each Homeowners' Association created for the purpose of this subsection shall be established by procedures and documents approved by the City Attorney at the time of, and as a condition of the approval for, the PRD concept plan.
C. Each dwelling unit in a PRD shall be irrevocably attached to one membership in the Homeowners' Association. Each membership shall be transferred with, and to the recipient of, each conveyance of its associated dwelling unit. The total number of memberships shall be equal to the total number of dwelling units. No one shall be a member of the Homeowners' Association except an owner of a dwelling unit in the PRD, and each owner shall be a member.
D. Owners and occupants of any dwelling unit in a PRD shall have, during the ownership or occupancy thereof, the right to use all of the common spaces, areas and facilities.
E. Each Homeowners' Association shall establish procedures and documents to enforce the payment of assessments or liens that may be levied by the Homeowners' Association or the city.
(Ord. 2982, 2001).