A. A property owners’ association that is compulsory and nonrevocable shall be established by recordation of the following, at the same time the final plat is recorded:
1. Articles of incorporation of the association;
2. Declaration of covenants, conditions and restrictions;
3. By-laws of the association, to include provision for maintenance of common open space.
B. Included in the recorded documents specified in subsection A of this section shall be provisions for at least, but not limited to, the following:
1. Any amendment or modification to the documents, must be provided to the Department prior to completion of the amendment or modification.
2. All improvements approved by the city shall be maintained throughout the life of the condominium.
3. The association shall be responsible for the maintenance of all facilities in private vehicular accessways whenever the facilities are not maintained by a public utility agency.
4. A statement that, in the case of a public nuisance or emergency, any emergency vehicle or personnel may enter the property to abate the nuisance or respond to the emergency.
5. A provision that an individual owner cannot avoid liability for his or her prorated share of the expenses for the common area by renouncing his or her rights in the common area, except as provided for by law.
6. The city shall have the power to enforce the maintenance provisions of the property owners’ association if the property owners’ association fails to do so, and shall have the right to recover all costs incurred by the city.
(Prior Code, § 12-10-10) (Ord. 24-1324, passed 2-27-2024; Ord. 08-913, passed 3-11-2008)