If open space or other common areas within a subdivision are owned and maintained by a homeowners association, the developer/subdivider shall file a declaration of covenants and restrictions that will govern the association, to be submitted with the application for preliminary plan approval and approved by the City Solicitor prior to recording of the plat. See also Section 1207.05(k), Open Space Maintenance. The declaration provisions shall include, but not be limited to, the following:
(a) The homeowners association shall be established before any lots are sold;
(b) Membership shall be mandatory for each homebuyer and any successive buyer;
(c) Any open space restrictions shall be permanent, not just for a period of years;
(d) The association shall be responsible for liability insurance, local taxes, and the maintenance of recreational and other facilities;
(e) Homeowners shall pay their pro rata share of the cost, and the assessment levied by the association can become a lien on the property if allowed in the master deed establishing the homeowners association; and
(f) The association shall be able to adjust the assessment to meet changed needs and demands.
(Ord. 18-93. Passed 10-15-19.)