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c. The declaration of covenants, conditions and restrictions shall provide that <br />an owner's association or corporation shall be formed and that all owners <br />shall be members of said association or corporation which shall maintain <br />all properties and common areas in good repair and which shall assess <br />individual property owners proportionate shares ofjoint or common costs. <br />This declaration shall be subject to the review and approval of the City <br />Attorney. The intent of this requirement is to protect the property values of <br />the individual owner through establishing private control. <br />d. The declaration shall additionally, among other things, provide that in the <br />event the association or corporation fails to maintain properties in <br />accordance with the applicable rules and regulations of the City of Little <br />Canada or fails to pay taxes or assessments on properties as they become <br />due and in the event of said City of Little Canada insures any expenses in <br />enforcing its rules and regulations, which said expenses are not <br />immediately reimbursed by the association or corporation, then the City of <br />Little Canada shall have the right to assess each property its prorata share <br />of said expenses. Such assessments, together with interest thereon and <br />costs of collection, shall be a lien on each property against which each <br />such assessment is made. <br />e. Membership must be mandatory for each owner, and any successive <br />buyer. <br />£ The open space restrictions must be permanent and not for a given period <br />of years. <br />g. The Association must be responsible for liability insurance, local taxes, <br />and the maintenance of the open space facilities to be deeded to it. <br />h. Property owner must pay their prorata share of the cost of the Association <br />by means of an assessment to be levied by the Association which meets <br />the requirements for becoming a lien on the property in accordance with <br />Minnesota Statutes. <br />The Association must be able to adjust the assessment to meet changed <br />needs. <br />The by-laws and rules of the Association and all covenants and restrictions <br />to be recorded must be approved by the City Council prior to the approval <br />of the final PUD plan. <br />F. Staging of Public and Common Open Space. When a PUD provides for common or <br />public open space, the total area of common or public open space or land escrow security <br />in any stage of development shall, at a minimum, bear the same relationship to the total <br />Little Canada Zoning Ordinance Administration -PUD <br />923-3 <br />