The following minimum requirements shall be observed in the R-3 Medium Density Residential District governing common areas:
(A) Ownership. All common areas within an R-3 Medium Density Residential District development not dedicated to the public including, but not limited to, open space, driveways, private drives, parking areas, play areas, etc., shall be owned in one of the following manners:
(1) Condominium ownership pursuant to M.S. § 515A.1-106; or
(2) Two-family subdivision common areas shall be owned by the owners of each unit lot, with each owner of a unit having an equal and undivided interest in the common area.
(B) Homeowners’ association. If a homeowners’ association is established for two-family developments within the R-3 Medium Density Residential District, the homeowners’ association shall be subject to review and approval of the City Attorney, and shall be responsible for all exterior building maintenance, approval of any exterior architectural modifications, landscaping, snow clearing, and regular maintenance of private driveways and other areas owned in common when there is more than one individual property owner having interest within the development.
(Ord. 2011-06-07A, passed 6-7-2011)
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