[sic]Homeowners’ Associations
Where any condominium or townhouse development plan proposes the reservation of land or structure in common ownership for recreational, parking, landscape or open space use or for any other use, or private streets are proposed, a homeowners’ association shall be required for the purpose of control over the development and maintenance of such private land, streets and facilities which are intended to be owned in common.
A homeowners’ association shall be established by the developer for the purpose of control over the private facilities of the project. Preliminary bylaws, restrictions and other covenants shall be submitted with the application for zoning or site plan approval. Prior to issuance of building permits, a final homeowners’ association must be approved by the city commission. The responsibility and control of the homeowners’ association shall be with the developer until such time that eighty percent (80%) of the dwelling units are occupied. The homeowners’ association must include, but not necessarily be limited to, the following requirements:
(a) Mandatory membership from all residents and owners in the association;
(b) A system for payment of association dues to be collected with mortgage payment;
(c) Provisions for enforcement of the rules and regulations within the development and association;
(d) Deed restrictions pertaining to size, architectural style and type of building materials used in the construction of dwelling units and other buildings erected on the site;
(e) Provisions for the construction, maintenance and repair of all open land, buildings, facilities and improvements determined to be private or common as established by the site plan;
(f) Provisions for storage and control of boats, campers, old automobiles and other items considered to be unsightly;
(g) In the event the approved association does not perform its specified responsibilities or fulfill its obligations as specified in the homeowners’ association, or is [sic]