[Ord. No. 4190, 2-1-2021]
A.
In any case where the establishment of common ground (including pedestrian walkways and cul-de-sac islands), private streets, private streetlighting, drainage facilities such as detention basins, drainage pipes, ditches, clubhouses, pools, tennis courts or any other improvement or amenity that requires continuous maintenance, trust indentures creating a property owners' association shall be recorded simultaneously with the record plat.
B.
The trust indentures shall provide for proper maintenance and supervision by the elected officers of the property owners' association who are selected to act in accordance with the terms of such indentures and the applicable provisions of this Code.
C.
For single-lot developments and developments with no common ground, the Community Development Director may accept a script certifying the means of maintenance on the record plat.
D.
Common ground shall be conveyed by the owner in fee simple absolute title by warranty deed to the property owners' association.
E.
The trust indentures shall provide that the common ground be for the benefit, use and enjoyment of the lot owners present and future. It shall be the responsibility of the elected officers of the property owners' association to maintain the common ground.
F.
No lot owner shall have the right to convey his/her interest in the common ground except as an incident of the ownership of a regularly platted lot.