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Section 1008.18 of the Elk River Subdivision <br />Ordinance. <br /> <br />g. The City shall have the option of requiring <br />that shoreline and areas alonq streams be <br /> <br />included as preserved open space. <br /> <br />h. Open space areas shall be platted as a lot. <br /> <br />iii. Homeowner's Associations. Where applicable, a <br />homeowner's association shall be established to <br />permanently maintain all Preserved Open Space and <br />recreational facilities. Such homeowner's association <br />management agreements shall be established prior to <br />the sale of any lots. Homeowner's association <br />management agreements shall include the following: <br /> <br />a. Legal description of the common lands or <br />facilities. <br /> <br />b. Membership in the Association is mandatory <br />for all purchasers of homes in the development <br />and their successors. <br /> <br />c. Restrictions placed upon the use and <br />enjoyment of the lands or facilities including <br />the persons or entities entitled to enforce the <br />restrictions. <br /> <br />d. A mechanism for resolving disputes among <br />the owners or association members. <br /> <br />e. Provide standards for scheduled maintenance <br />of open spaces. <br /> <br />f. Provide a plan guaranteeing continuing <br />maintenance of open spaces that shall be <br />submitted to the City Council as part of the data <br />requirements for an open space development. <br /> <br />g. A mechanism to assess and enforce the <br />common expenses for the land or facilities <br />including upkeep and maintenance expenses, real <br />estate taxes and insurance premiums. <br /> <br />h. The conditions and timing of the transfer <br />of ownership and control of land or facilities to <br />the Association or the common ownership. <br /> <br />i. Any proposed change in the articles of <br />association or incorporation shall require the <br />prior written approval of the City. <br /> <br />Page 7 <br /> <br /> <br />