As part of a Cluster Residential Development or other development where a homeowners association, community association, condominium association or similar legal entity/agency shall be created to be responsible for the maintenance and control of common areas, including the required open space, open space easements, private streets, facilities, common drives, etc. The City's Law Director shall determine that, based on documents submitted with the development plan, the association's or agency's bylaws or code of regulations specify the following requirements:
(a) Membership in the Association shall be mandatory for all purchasers and/or owners of lots in the development or units in a condominium;
(b) The Association shall be responsible for maintenance, control, and insurance of open space and all common areas, including any applicable easements;
(c) 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;
(d) The conditions and timing of transfer of control from the developer to the unit or lot owners shall be specified and provisions that require all elements on the approved detailed plan, such as but not limited to the landscaping and utilities, to be completed prior to transfer or a performance guarantee has been provided to and approved by the Law Director and the City Engineer;
(e) The Association shall not authorize its dissolution or the sale, transfer or other disposal of any common area, including required open space, without (i) an affirmative vote of seventy-five (75) percent of its members, (ii) having established a successor entity to take over said property pursuant to the City's Development Code; and (iii) the approval of the City Council.
(f) The Association shall convey to the City and other appropriate governmental bodies, after proper notice, the right to enter to any common area for emergency purposes or in the event of nonperformance of maintenance or improvements affecting the public health, safety, and welfare. Such governments 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 said costs, including the right to file liens against individual condominium units, houses, and vacant building lots.
(g) A certified copy of all covenants and restrictions, as filed with the Cuyahoga County Recorder's Office, shall be submitted to the Zoning Administrator.