[Ord. No. 919 Art. XVIII]
A homeowners' association may be established to own and maintain common open space and common property designed within a development. If established, the organization shall incorporate the following provisions in a manner consistent with and as may be more specifically required by the New Jersey State Condominium Act, and, the New Jersey Planned Real Estate Development Act:
a. Membership by all property owners, condominium owners, stockholders under a cooperative development and other owners of property or interest in the project shall be mandatory. Required membership and their responsibilities shall be in writing between the organization and each member in the form of a covenant, with each agreeing to liability for his pro rata share of the organization's costs.
b. The organization shall be responsible for liability insurance, taxes, maintenance and any other obligations assumed by the organization.
c. The organization shall be allowed to adjust the assessment to meet changing needs.
d. The organization shall clearly describe in its bylaws and governing documents all the rights and obligations of each tenant and owner, including a copy of the covenant, master deeds, bylaws and articles of incorporation of the organization, and shall state that every tenant and property owner in good standing shall have the right to use all common properties. There shall be set forth as a condition of approval and shall be submitted prior to the granting of final approval.
e. The articles of incorporation, covenants, bylaws, master deeds and other legal instruments shall ensure that such organization shall maintain the common open space or common property in reasonable order and condition. The Municipal Council 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 common open space or common property in reasonable condition, and the notices shall include a demand that such deficiencies or maintenance be cured within 35 days thereof.