Membership in any created association by all property owners shall be mandatory. Such required membership in any created association and the responsibilities upon the members shall be in writing between the association and the individual in the form of a covenant with each member agreeing to his liability for his pro rata share of the association's costs and providing that the Township shall be a party beneficiary to such covenant entitled to enforce its provisions.

Executed deeds shall be tendered to the Township simultaneously with the granting of site plan or final subdivision approval, stating that the prescribed use(s) of the lands in the common ownership shall be absolute and not subject to reversion for possible future development.

The association shall be responsible for liability insurance, local taxes, maintenance of land and any facilities that may be erected on any land deeded to the association and shall hold the Township harmless from any liability.

The assessment levied by the association shall become a lien on the private properties in the development. The duly created association shall be allowed to adjust the assessment to meet changing needs, and any deeded lands may be sold, donated or in any other way conveyed to the Township for public purposes only.

The association initially created by the developer shall clearly describe in its bylaws the rights and obligations of any dwelling unit owner and tenant in the development, along with the covenant and model deeds and the Articles of Incorporation of the association prior to the granting of approval by the Township. The bylaws shall not be amended to contravene any Township ordinance.

Part of the development proposals submitted to and approved by the Township shall be provisions to insure that control of the association will be transferred to the individual dwelling unit owners in the development based on a percentage of the dwelling units sold and/or occupied, together with assurances in the bylaws that the association shall have the maintenance responsibilities for all lands to which they hold title and other areas of the development as required by the Board at the time of site plan approval and as stipulated in the bylaws of the association.

The association shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an association conceived and established to own and maintain the open space for the benefit of such development, and thereafter such association shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the municipality wherein the land is located.

In the event that such association shall fail to maintain the open space in reasonable order and condition, the Construction Official may serve written notice upon such association or upon the owners of the development setting forth the manner in which the association has failed to maintain the open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within thirty-five (35) days thereof, and shall state the date and place of a hearing thereon which shall be held within fifteen (15) days of the notice. At such hearing, the designated Construction Official may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed sixty-five (65) days within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said thirty-five (35) days or any permitted extension thereof, the Township, in order to preserve the open space and maintain the same for a period of one (1) year may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the Construction Official shall, upon his initiative or upon the request of the association theretofore responsible for the maintenance of the open space, call a public hearing upon fifteen (15) days written notice to such association and to the owners of the development, to be held by the Construction Official at which hearing such association and the owners of the development shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year, and subject to a similar hearing and determination, in each year thereafter. The decision of the Construction Official shall constitute a final administrative decision subject to judicial review.

The cost of such maintenance by the Township shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien, and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes.