1159.09 HOMEOWNERS ASSOCIATION.

   (a)    As part of a planned residential development, a homeowners association, community association, condominium association, or similar legal entity shall be created so that such association is responsible for the maintenance and control of common areas, including open space and common drives.

   (b)    The Village Law Director shall determine that, based on documents submitted with the development plan, the association's bylaws or code of regulations specify the following requirements:

      (1)    Membership in the Association shall be mandatory for all purchasers of units in the development.

      (2)    The Association shall be responsible for maintenance, control, and insurance of open space and common areas, including common drives.

      (3)    The Association shall have the power to impose assessments on members for the maintenance, control and insurance of open space and common areas, and have the power to place liens against individual properties for failure to pay assessments.

      (4)    All units must be owner occupied.

(Ord. 2003-02. Passed 4-21-03.)