The owner or any homeowners' or condominium association that may be established shall be responsible for the maintenance of the open space and other common areas in the development. If a homeowners' or condominium association has been established, all unit or building owners shall be required to be members of the association. The review of the documents establishing any homeowners' or condominium association shall be subject to the sole jurisdiction of the NJ Department of Community Affairs; however, courtesy copies of these documents shall be provided to the Land Use Board Attorney and Borough Attorney.

The owner and/or homeowners' or condominium association shall not dispose of any open space, by sale or otherwise, without first offering to dedicate the same to the Borough of Little Ferry.

If a homeowners' or condominium association is established, the continued maintenance of the open space shall be enforced through the procedures outlined at N.J.S.A. 40:55D-43(b) and (c).