Homeowners associations or similar legal entities that, pursuant to Section 156.149, are responsible for the maintenance and control of common areas, including recreational facilities and open space, shall be established in such a manner that:
   (A)   Provision for the establishment of the association or similar entity is made before any lot in the development is sold or any building occupied:
   (B)   The association or similar legal entity has clear legal authority to maintain and exercise control over such common areas and facilities;
   (C)   The association or similar legal entity has the power to compel contributions from residents of the development to cover their proportionate shares of the costs associated with the maintenance and upkeep of such common areas and facilities.
(Ord. O-2003-63, passed 12-16-03)