An owners’ association shall be established requiring membership of each unit owner in the Age Restricted Housing Community. The association shall be responsible for the ownership, liability and maintenance of the Age Restricted Housing Community including all properties, access drives, pedestrian/biking facilities and all associated infrastructure and utility improvements and facilities.
(a) All association agreements/covenants and documents shall be submitted with the application, and are subject to the approval of the Municipal Council.
(b) Such agreements/covenants shall provide that in the event that the association fails to maintain the common facilities in reasonable order and condition in accordance with the agreement/covenant, the Municipality may, after notice to the association and public hearing, enter upon such land and maintain it in order to preserve the taxable value of the properties within the development and/or prevent the common land from becoming a public nuisance. The agreements/covenants shall also provide that the cost of such maintenance by the Municipality shall be assessed ratably against the properties within the development. (Ord. 08-42. Passed 8-18-08.)