(A) Where certain land areas or structures are provided within the subdivision for private recreational use or as common service facilities, the owner of the land and buildings shall enter into an agreement with the city to assure their continued operation and maintenance to a predetermined reasonable standard.
(B) These common areas may be placed under the ownership of one of the following, depending upon which is more appropriate in the discretion of the city:
(1) Dedicated to the public where a community-wide use would be anticipated;
(2) Subdivider's ownership and control; or
(3) Landowner's (Homeowners) Association ownership and control, provided all of the following conditions are met:
(a) The Landowner's (Homeowners) Association is established prior to the sale of any lot;
(b) Membership must be mandatory for each owner and any successor in interest;
(c) The open space restriction must be in perpetuity and not for a specified term of years;
(d) The Association must be responsible for liability insurance, local taxes and the maintenance of residential and other facilities;
(e) Landowners (homeowners) must pay their pro rata share of associated costs and the assessment levied by the Association shall become a lien on the property in accordance with the law; and;
(f) The Association must be able to adjust the assessment to meet changed circumstances and needs.
(Ord. 78A, passed 8-22-1985; Am. Ord. 2006-193, passed 4-27-2006)