18.76.180 Property owners’ association.
If common open spaces or private streets are deeded to a property owners’ association, then the applicant shall submit a declaration of the covenants and restrictions that create and govern such an association as part of the site plan or preliminary plat approval. The provisions must include, but are not limited to, the following:
A. The property owners’ association must be established prior to the final plat approval or the approval of any occupancy permit related to the site plan.
B. Membership must be mandatory for each property owner affected by the common space or private street and any successive buyer.
C. The association assumes responsibility for liability insurance, local taxes, and the maintenance of common open spaces, private streets, recreational and other communally owned facilities. A financial plan shall also be submitted that outlines the anticipated expenses and revenues needed to implement the plan over a minimum of a 10-year period.
D. Members must pay a pro rata share of the association’s cost; the assessment levied by the association can become a lien on the property. The association must be able to adjust its assessment fees relative to changed needs and conditions. (Ord. 5092 § 1, 1998.)