(a) Ownership and Maintenance. The land dedicated for common space purposes shall be owned by a homeowners association which shall be formed to accomplish the requirements such as maintenance of the common open space, streets and other common areas of the development. If maintenance of common open space is not performed adequately, the Mayor may, at his option, take action as will be authorized by the deed restrictions for the single family cluster development to remedy the lack of maintenance, or other non-compliance with such association documents, including the recovery of costs and attorneys’ fees to the fullest extent permitted under Ohio law and the association documents. Individual owners within the development shall remain ultimately liable for ownership and maintenance of the common open space.
(b) Deed Restrictions. Deed restrictions are required for the maintenance of such common open space and shall be effective prior to obtaining final plat or final development plan approval. All deed restrictions must be in a form satisfactory to the Law Director, the Commission and Council, to the end that the intent of such restrictions shall specifically provide for the performance of maintenance by the City or the incurring of attorney's fees and other costs and expenses if the City elects to file an action at law or in equity to compel the performance of such maintenance. In addition to the above, such deed restrictions shall also ensure that the following other conditions are met:
(1) The common open space area will not be further subdivided in the future;
(2) The use of the common space will continue in perpetuity for the purpose specified; and
(3) Common undeveloped open space shall not be used for any other purpose.
Termination of said deed restrictions may be achieved by agreement of all title holders and Council, provided a satisfactory method of holding open spaces in common has been provided.
(c) Open Space Uses. Common open space areas may be improved with appropriate recreation facilities and structures, such as tennis courts, swimming pools, pavilions or other active or passive recreational use approved as a part of the preliminary/final development plan.