As part of a proposed 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 after 75% or more of the units/lots have been purchased. Prior to 75% of the units/lots being purchased, the applicant shal1 be responsible for maintenance, control and insurance of the common areas.
(a) The City's Law Director shall determine that, based on documents submitted with the development plan, the association's agreement, bylaws or code of regulations specify the following requirements:
(1) Membership in the Association shall be mandatory for all purchasers of lots in the development or units in a condominium.
(2) The Association shall be responsible for maintenance, control, and insurance of common areas.
(3) The Association shall have the power to impose assessments on members for the maintenance, control and insurance of common areas, and have the power to place liens against individual properties for failure to pay assessments.
(4) The Association shall convey to the City and other appropriate governmental bodies the right to enter any common area for emergency purposes or in the event of nonperformance of maintenance or improvements affecting the public health, safety and welfare and the right, after proper notice, to make improvements and perform maintenance functions and to proceed against the Association for reimbursements of said costs, including the right to file liens against individual condominium units, houses and vacant building lots.
(Ord. 2002-38. Passed 8-21-02.)