As part of a planned unit residential 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, including the required common open space, private streets, common drives, and stormwater management infrastructure maintenance. The homeowners' association shall be approved prior to final approval from City Council to move forward with the PURD.
(a) The City Law Director shall determine that, based on documents submitted with the development plan, the association's bylaws or code of regulations specify the following requirements:
(1) Membership in the association shall be mandatory for all purchasers of lots or dwelling units.
(2) The association shall be responsible for maintenance, control and insurance of common areas.
(3) The association shall have the power and duty to impose assessments on members for the maintenance, control and insurance of common open space, and have the power to place liens against individual properties for failure to pay assessments.
(4) The association shall have the authority to enforce reasonable rules and regulations governing the use and payment of assessments for maintenance, control and insurance of common open space.
(5) The conditions and timing of transfer of control from the developer to the lot or unit owners.
(b) The association shall not authorize its dissolution or the sale, transfer or other disposal of any common area, including common open space, without (i) an affirmative vote of seventy-five percent of its members; (ii) having established a successor entity to take over said property pursuant to this Zoning Code; and (iii) the approval of Council.
(c) Whenever a private street and/or common drive is included in a planned unit residential development, deed restrictions shall be required and shall specifically include the following language: "The undersigned grantee(s) hereby acknowledge(s) that (he, she, they) understand that the premises described herein is located upon a non-dedicated, private street or common drive. And further, the grantee(s) understands that no government body is responsible for care and maintenance of said private street, common drive, or underground utilities."
(d) In all regards, the structure and bylaws of the homeowners' association shall comply with R.C. Title 53.
(Ord. 14-23. Passed 12-11-23.)