A. All common areas, including open or green spaces, community recreation facilities, washrooms, common walkways, parking areas, private streets, sidewalks, curbs and gutters and all improvements listed in Chapter 16.32 of this code of the subdivision regulations which are not dedicated and accepted, may be constructed only upon full and adequate provision for their preservation and future maintenance in a manner acceptable to the planning commission.
B. Such provision may be satisfied by a Declaration of Covenants, Conditions and Restrictions duly signed and acknowledged by the owner; Articles of Incorporation to be filed with the Secretary of State, forming a corporation or association, which shall include clauses empowering the entity created to own and maintain all the properties within its jurisdiction and to exercise the powers and duties of the entity to be fully set forth in the Declaration; bylaws of the entity which shall set forth rules of membership, fees and assessments, membership rights and principles; and forms of deeds incorporating the Declaration by reference to its recording data.
C. All documents must be referred to the city attorney for review and have the approval of the planning commission as to their sufficiency to accomplish this purpose.
D. The owners of the individual lots shall, as a condition of ownership of said lots, be required to participate in the legal entity so formed and be responsible to said legal entity for the cost of performing the necessary maintenance.