(A) Homeowner’s association. Adequate provision shall be made for a private organization (i.e., homeowner’s association) with direct responsibility to, and control by, the property owners involved to provide for the operation and maintenance of all common facilities including private streets jointly shared by the property owners if the facilities are a part of the planned unit development plan, and, in this instance, legal assurance shall be provided which show that the private organization is self-perpetuating and adequately funded to accomplish its purposes.
(B) Maintenance. Common areas and facilities which are not dedicated to the public shall be maintained to standards assuring continuous and adequate maintenance at a reasonable and non-discriminatory rate of charge to the beneficiaries thereof. Common areas and facilities not dedicated to the public shall be operated and maintained at no expense to any governmental unit. Adequate access shall be provided for fire, police, health, sanitation and public utilities vehicles to service common areas.
(Ord. 07-16, passed 12-10-2007)