6.5.3.   Creation Required
   A.   In cases where a landowner or subdivider will not retain maintenance responsibility of all lands and site features in a development, a homeowners' or property owners' association shall be established in areas that have private open space set-asides or shared private infrastructure.
   B.   Associations established in accordance with these provisions are required to accept ownership and maintenance responsibility of all open space set-aside(s), shared infrastructure, or common areas within a development.
   C.   The association shall be in legal existence prior to the transfer of maintenance responsibility.
(Ord. 2020-36, passed 12-2-2019)