(a) A homeowners' association or property owners' association shall be established to permanently maintain all open space and common areas if such areas are not transferred and accepted by the City, Wayne County, State, park district, City approved land trust, or other qualified organization.
(b) All homeowners' association or property owners' association agreements shall be submitted to the Zoning Administrator as part of the development plan review, subdivision application review, or PD review, whichever is applicable. No set of proposed covenants, articles of incorporation, or bylaws of a homeowner's association or property owners' association shall permit the abrogation of any duties set forth in this section.
(1) All homeowners' associations or property owners' associations shall guarantee the maintenance of all open space and common areas within the boundaries of the development through the deed restrictions or covenants.
(2) Membership in the association shall be mandatory for all purchasers of lots in the development.
(3) The association shall be responsible for maintenance, control, and insurance of all common areas, including required open space.
(4) In the event that the homeowners' association or property owners' association no longer maintains the common areas and open space in a neat and orderly manner, or if the homeowners' association or property owners' association goes defunct, the City may take over maintenance and assess a fee to cover the costs of such maintenance. The fee shall be assessed to each of the benefitting property owners within the subdivision.
(5) The association shall not authorize its dissolution or the sale, transfer or other disposal of any common area, including restricted open space, without:
A. An affirmative vote of 75 percent of its members;
B. Establishing a successor entity to take over said property pursuant to this code; and
C. The approval of the City Council.
(6) Whenever the association adopts an amendment to any approved agreements that pertain to maintenance obligations or access to common areas, the revisions shall be provided to the Zoning Administrator for confirmation that the amendment is in compliance with all applicable standards of this code and any conditions of approval that applied to the original development or subdivision.
(7) 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.
(Ord. 2018-009. Passed 5-7-18.)