All common land or open space shall be owned jointly or in common
by the owners of the dwelling units. This shall be accomplished by
one of the following:
Further subdivision of the common land or open space or its use for
other than agriculture, forestry, noncommercial recreation, or conservation
purposes shall be prohibited.
Common land or open space may be conveyed to an association which
has as its principal purpose the conservation or preservation of land
in its essentially natural condition.
If any or all of the common open space and services are to be reserved
for use by the residents, the bylaws of the proposed homeowners'
association shall specify maintenance responsibilities and shall be
submitted to the Board prior to final plan approval.
Covenants for mandatory membership in the homeowners' association
setting forth the owners' right, interests, and privileges in
the association and the common property shall be reviewed by the Board
and shall be included in the deed for each lot or dwelling.
The homeowners' association shall have the responsibility of
maintaining the common property unless or until the dedication is
accepted by the municipality or other organization acceptable to the
Board.
The association shall levy annual charges against all owners of dwelling
units to defray the expenses connected with the maintenance of common
property and tax assessments.
The developer or subdivider shall maintain control of the common
property and be responsible for its maintenance until development
sufficient to support the association has taken place.