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1 <br /> <br />.) <br /> <br />j. Special Conditions for Developments <br /> <br />All developments shall meet the requirements herein set forth and <br />no final plan shall be approved that does not meet these require- <br />ments. <br /> <br />The developer shall submit a legal instrument setting forth a <br />plan providing for the permanent care and maintenance of open <br />spaces, recreational areas and communally owned facilities <br />and parking lots. The same shall be submitted to the City <br />Attorney and shall not be accepted until approved as to legal <br />form and effect. If the common open space is deeded to a <br />homeowners' association, the applicant shall file the pro- <br />posed documents governing the association. Such documents <br />shall meet the following requirements: <br /> <br />(a) The homeowners' association must be established before <br /> any residences are sold. <br /> <br />(b) Membership in the association must be mandatory for each <br /> residence owner. <br /> <br />(c) Open space restrictions must be permanent and not for a <br /> period of years. <br /> <br />(d) <br /> <br />The homeowners' association must be made responsible <br />for liability insurance, taxes and maintenance of <br />recreational and other facilities. <br /> <br />(e) <br /> <br />The association must have the power to levy assessments <br />which can become a lien on individual premises for the <br />purpose of paying the cost of operating and maintaining <br />common facilities. <br /> <br />(f) <br /> <br />The governing board of any such association shall <br />consist of at least five (5) members who shall be owners <br />of property in the planned unit development. <br /> <br />(2) <br /> <br />Open space maintenance guarantee. In the event the organiza- <br />tion established to own and maintain common open spaces, <br />recreational areas, communally owned facilities and private <br />streets, or any successor organization, shall at any time <br />fail to maintain the common facilities in reasonable order <br />and condition in accordance with the approved plan, the City <br />Council may cause written notice to be served upon such <br />organization or upon the owners of property in the develop- <br />ment setting forth the manner in which the common facilities <br />have failed to be maintained in reasonable condition, which <br /> <br /> <br />