A. PAD shall be approved subject to the establishment by the developer of a homeowners' association or other cooperative organization responsible for the ownership and permanent care and maintenance of any common open spaces, recreational areas, and communally-owned facilities designed for the benefit of the residents of the development. An instrument approved by the City specifying the responsibility for the maintenance of any common properties shall be properly recorded with the Cochise County Recorder. The instrument shall be in the form of a deed restriction or covenant, enforceable jointly or separately, by the homeowners' association or other cooperative organization, or property owners in the site and shall:
1. Run with the land; and
2. Provide reasonable standards for maintenance and facilities in the common area; and
3. Provide for assessments or other payments as necessary to cover costs of maintenance, management and improvements; and
4. Provide for a homeowners' association or other cooperative organization for administrative and management purposes.
B. The provisions of the homeowners' association or other cooperative organization shall include, but not be limited to, the following:
1. The association or other organization shall be established prior to the sale of any dwelling unit.
2. The association or other organization charger shall be renewed in accordance with state laws as long as the property use remains.
3. Membership shall be mandatory for each home-buyer and successive buyer.
4. The open space restrictions shall be initially set for a period of at least 50 years.
5. On commonly owned property, the association or other organization shall be responsible for liability insurance, local taxes, and the maintenance of recreational and other facilities.
6. Owners shall pay their prorated share of the expense of maintaining the common properties.
7. The association or other organization shall be able to adjust the assessment to meet changed needs.
(Ord. 743, passed 4-10-86)