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<br /> -2<1- <br /> features, bufferyards, and/or private <br /> streets or utilities, the applicant <br /> shall file with the Development Plan a <br /> declaration of covenants and <br /> restrictions which shall govern the <br /> association and which shall be subject <br /> to review and approval by the city <br /> Attorney. Establishment of an <br /> association shall be in accordance with <br /> the following provisions: <br /> 1. The association of owners must be <br /> established before the first dwelling <br /> unit is occupied. <br /> 2. The common areas and facilities and the <br /> residential unit areas shall be properly <br /> defined in the legal descriptions and <br /> shall be consistent with the approved <br /> Development Plan. <br /> 3. Mandatory membership of all owners <br /> within the PDD is required in the <br /> association and the owners shall have an <br /> obligation to share the responsibility <br /> for the expenses incurred by the <br /> association ln meeting its <br /> responsibilities, i.e., the assessment <br /> levied by the association can become a <br /> lien on the property. <br /> 4. Common area and facility restrictions <br /> and reservations are to be permanent, <br /> and all owners are to be granted <br /> perpetual easements or rights of use of <br /> areas and facilities held in common. <br /> 5. Responsibilities of the association are <br /> to include obtaining appropriate <br /> property, casualty, and liability <br /> lnsurance covering the common areas and <br /> association activities, as well as <br /> responsibility for meeting the <br /> obligation of payment of local taxes. <br /> The association assessment fee must be <br /> able to be adjusted to meet changes as <br /> needed. <br /> 6. The establishment of a sinking fund or <br /> reserve fund for the purpose of capital <br /> repair and replacement of common area <br /> facilities and equipment is required. <br /> 7. A written agreement must be executed <br /> with the City stating that any time the <br /> maintenance of the common area and/or <br /> facilities falls below established <br /> health or minimum housing standards, the <br /> City may, at its option, after giving <br /> reasonable notice (at least 15 days) to <br /> the entity responsible for maintenance, <br /> undertake or contract for maintenance of <br /> the common area/facilities and assess <br /> the community association or the <br /> individual property owners for the cost <br /> of the maintenance. Failure to pay any <br /> such assessment within 30 days of <br /> receipt of a statement is declared to be <br /> a misdemeanor, punishable by a fine of <br /> not less than $200 nor more than $1,000. <br />