Membership shall be limited to and mandatory for all property owners, condominium owners, stockholders under a cooperative development, and other owners of property or interest in the development. Required membership and the responsibilities upon the members shall be in writing between the organization and each member in the form of a covenant, with each agreeing to liability for his/her pro rata share of the organization's costs.

The organization shall be responsible for liability insurance, taxes, maintenance and other obligations assumed by the organization and shall hold the municipality harmless from any liability. The organization shall not be dissolved and shall not dispose of any open space property sale or otherwise, except to an organization conceived and established to own and maintain the open space or property for the benefit of the subject development, and thereafter such organization shall not be dissolved or dispose of any of its open space or property without first offering to dedicate the same to Southampton Township or other open space organization.

The assessment levied by the organization upon each member may become a lien on each member's property. The organization shall be allowed to adjust the assessment to meet changing needs.

The organization shall clearly describe in its bylaws all the rights and obligations of each tenant and owner, including a copy of the covenant, model deeds and articles of incorporation of the organization and the fact that every tenant and property owner shall have the right to use all the common property; these shall be set forth as a condition of approval and shall be submitted to the Township Attorney prior to granting of final approval by the approving authority.

The articles of incorporation, covenants, bylaws, model deeds and other legal instruments shall ensure that control of the organization shall be transferred to the members based on a percentage of the dwelling units sold and/or occupied.

Should the association fail to maintain the common open space or common property in reasonable order and condition, the Township may serve written notice upon such organization and shall follow the procedures set forth in N.J.S.A. 40:55D-43b; and if it becomes necessary for the Township to provide maintenance, the imposition of a lien as set forth in N.J.S.A. 40:55D-43 shall be followed.

Should a portion of the open space be dedicated to an open space organization other than the homeowners' association, the homeowners' association must provide a buffer of at least 100 feet that would separate the private parcels from lands in the dedicated open space.