Membership in any created association by all dwelling unit 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 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 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 Borough 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 Borough 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 Borough.

Part of the development proposals submitted to and approved by the Borough 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.