(A) No final plat of a planned unit development shall be approved until all required legal instruments have been reviewed and approved by the county attorney as to legal form and effect.
(B) If common open space is deeded to a homeowners' association, the owner or developer shall file a declaration of covenants, conditions, and restrictions that will control such open space. The provisions of such declaration of covenants, conditions, and restrictions shall include, but not be limited to, the following:
(1) The homeowners' association must be set up before any property is sold in the development.
(2) Membership must be mandatory and automatic when property is purchased in the development.
(3) The open space restrictions must be permanent, not just for a period of years.
(4) The association must be responsible for liability insurance, local taxes, and maintenance of recreational and other common facilities, including private streets
(5) Homeowners must pay their pro rata share of the cost; the assessment levied by the association can become a lien on the property.
(6) The association must be able to adjust the assessment to meet changed needs.
(7) Covenants for maintenance assessments shall run with the land.
(8) Provision ensuring that control of such open space will gradually be vested in the homeowners' association.
(9) All lands so conveyed shall be subject to the right of the grantee or grantees to enforce maintenance and improvement of the common facilities.
(Ord. passed 6-21-21)