As part of a 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, private streets, facilities, common drives, etc. The City Attorney 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) 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) Membership in the Association shall be mandatory for all purchasers of lots in the development or units in a condominium.
(c) The Association shall be responsible for maintenance, control, and insurance of open space and all common areas.
(d) 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.
(e) The conditions and timing of transfer of control from the developer to the unit or lot owners shall be specified.
(f) The Association shall not authorize its dissolution or the sale, transfer or other disposal of any common area, including restricted open space, without (1) an affirmative vote of seventy-five (75) percent of its members, (2) having established a successor entity to take over said property pursuant to the City’s Planning and Zoning Code; and (3) the approval of the City Council.
(g) 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, townhouse units, and vacant building lots. (Ord. 2006-35. Passed 5-25-06.)