Homeowners associations, community associations, or similar legal entities that, pursuant to Section 1268.05(d), are responsible for the maintenance and control of common areas, including recreational facilities and common 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; and
(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. 24-97. Passed 10-14-97.)
(d) The association’s or similar legal entity’s covenants and restrictions convey to the City and other appropriate governmental bodies the right to enter any common area for emergency purposes or, after proper notice, in the event of nonperformance of maintenance improvements affecting the public health, safety, and welfare. Such governmental bodies shall have the right, after proper notice, to make improvements and perform maintenance functions. In addition, the City shall have the right to proceed against the association for reimbursements of resulting costs including the right to file liens against individual condominium units, houses, and vacant building lots. (Ord. 75-2005. Passed 10-11-05.)