If the common open space is deeded to a Homeowners' Association, the applicant shall file a declaration of covenants and restrictions that will govern the association, to be submitted with the application for the pre-application conference. The provisions shall include, but not be limited to the following:
(a) The Homeowners' Association must be established before the units are sold.
(b) Membership must be mandatory for each home buyer and any successive buyer.
(c) The open space restrictions must be permanent, not just for a period of years.
(d) The Association must be responsible for liability insurance, taxes, and the maintenance of recreational and other facilities.
(e) Homeowners must pay their pro rata share of the cost; the assessment levied by the association can become a lien on the property.
(f) The Association must be able to adjust the assessment to meet changing needs.
(Ord. 30-2007. Passed 12-20-07.)