The preservation, maintenance and ownership of open spaces within a subdivision development shall be accomplished by:
A. Dedication of the land to the city as a public park or parkway system, including a certificate of title insurance; or
B. Granting to the city a permanent, open space easement on and over the said private open spaces to guarantee that the open space remain perpetually in recreational or park use, with ownership and maintenance being the responsibility of an owners' association established with articles of association and bylaws which are satisfactory to the governing body; or
C. Granting to the city a permanent, open space easement on and over the said private open spaces to guarantee that the open space remain perpetually in recreational or park use, to be maintained from the proceeds of a perpetual maintenance trust fund established by the developer in an amount satisfactory to the governing body; or
D. Complying with the provisions of the condominium ownership act, Utah Code Annotated title 57, chapter 8, as amended, which provides for the payment of common expenses for the upkeep of the common areas and facilities, and requires that the developer, prior to the recording of the final plat, cause to be incorporated under the laws of the state, a lot owners' association. By proper covenants running with the land and through the articles of incorporation and bylaws of the association, it shall, among other things, be provided that:
1. Membership in the association shall be mandatory for each lot purchaser, their guarantees, successors and assigns.
2. The common open space restrictions shall be permanent and not just for a period of years.
3. The association shall be responsible for maintaining liability insurance, paying general property taxes and maintaining recreational and all other facilities.
4. All lot owners shall pay their pro rata share of the costs of upkeep, maintenance and operation.
5. Any assessment levied by the association may become a lien on the real property of any lot owner, which may be foreclosed and the property sold as on sales under execution. (Ord. 09-03, 5-19-2009)