§ 118-860. Common open space.

(a)

All common open space in a residential planned unit development shall be preserved for its intended purpose as expressed in the final development plan. The developer shall choose one of the following methods of administering common open space:

(1)

Public dedication to the city of the common open space. This method is subject to formal acceptance by the city and in its sole discretion.

(2)

Establishment of an association or nonprofit corporation of all individuals or corporations owning property within the planned unit development to ensure the maintenance of all common open space.

(b)

All privately owned common open space shall continue to conform to its intended use and remain as expressed in the final development plan through its inclusion in all deeds with appropriate restrictions to ensure that the common open space is permanently preserved. The deed restrictions shall run with the land and shall be for the benefit of present as well as future property owners and shall contain a prohibition against partition.

(c)

All common open space and recreational facilities shall be specifically included in the development schedule and shall be constructed and fully improved by the developer at an equivalent or greater rate than the construction of residential structures.

(d)

If the developer elects to administer common open space through an association or nonprofit corporation, the organization shall conform to the following requirements:

(1)

The developer must establish the association or nonprofit corporation prior to the sale of any lots.

(2)

Membership in the association or nonprofit corporation shall be mandatory for all residential property owners within the planned unit development, and the association or corporation shall not discriminate in its members or shareholders.

(3)

The association or nonprofit corporation shall manage all common open space and recreational and cultural facilities that are not dedicated to the public; shall provide for the maintenance, administration and operation of the land and any other land within the planned unit development not publicly or privately owned; and shall secure adequate liability insurance on the land.

(4)

If the developer elects an association or nonprofit corporation as a method of administering common open space, the title to all residential property owners shall include an undivided fee simple estate in all common open space.

(5)

Association documents shall be reviewed and approved by the city.

(Code 1988, § 24-45(e))