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

Executed deeds shall be tendered to the Borough simultaneously with the granting of 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 organization shall be responsible for liability insurance, local taxes, maintenance of land and any facilities that may be erected on any land deeded to the organization, and shall hold the Borough harmless from any liability.

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

The organization initially created by the developer shall clearly describe in its by-laws the rights and obligations of any homeowner and tenant in the townhouse development, along with the covenant and model deeds and the articles of incorporation of the organization, prior to the granting of final approval by the Borough. The by-laws may not be amended to contravene any Borough ordinance.

Part of the development proposals submitted to and approved by the Borough shall be provisions to insure that control of the organization will be transferred to the individual lot owners in the development based on a percentage of the dwelling units sold and/or occupied, together with assurances in the by-laws that the organization shall have the maintenance responsibilities for all lands to which they hold title and other areas of the development as required by the Planning Board during site plan review and as stipulated in the by-laws of the organization.

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

In the event that such organization shall fail to maintain the open space in reasonable order and condition, the construction official may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and the notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof, and shall state the date and place of a hearing thereon which shall be held within 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 reasonable extension of time not exceeding 65 days within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof, the Borough, in order to preserve the open space and maintain the same for a period of one year may enter upon and maintain such land. The 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 the year, the construction official shall, upon his initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the construction official at which hearing such organization and the owners of the development shall show cause why such maintenance by the Borough shall not, at the election of the Borough, continue for a succeeding year. If the construction official shall determine that such organization is ready and able to maintain the open space in reasonable condition, the Borough shall cease to maintain the open space at the end of the year. If the construction official shall cease to maintain the open space in a reasonable condition, the Borough may, in its discretion, continue to maintain the open space during the next succeeding year, 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 Borough 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 the 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.