(1) Provision for the establishment of the association or similar entity is made before any lot in the development is sold or any building occupied;

(2) The association or similar legal entity has clear legal authority to maintain and exercise control over such common areas and facilities; and

(3) The association or similar legal entity has the power to compel contributions from residents of the development to cover their proportionate shares of the costs associated with the maintenance and upkeep of such common areas and facilities;

(4) The maintenance and liability for any such common areas and facilities shall be a continuing responsibility of the homeowner’s association or similar entity. If said association or similar entity fails to maintain a common area in an acceptable manner, the city of Stanwood shall do or cause to be done such maintenance and bill the association or similar entity for this work. If the association or similar entity does not remit payment in a timely manner, the city shall have the right to place a lien on the property owners that comprise the association or similar entity. (Ord. 948, 1996; Ord. 929 Ch. 10(M)(11), 1995).