(1) The organization shall be established by the developer before the sale or rental of dwelling units in the PRD.

(2) The form, financial capability, rules of membership, and methods of cost assessment of the organization shall be devised so as to insure the successful fulfillment of the maintenance, preservation, and improvement responsibilities of the organization.

(3) The organization responsible for maintenance, preservation, and improvement of common open space areas shall be the sole owner of the common open space lands.

(4) The organization shall have or hire adequate staff to administer common facilities and maintain the common open space.

(5) In the event that the organization established to own and maintain a common open space or any successor organization, shall at any time after establishment of the planned residential development fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Township may serve written notice upon such organization or upon the residents and owners of the planned residential development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be corrected within 30 days thereof, and shall state the date and place of hearing thereon which shall be held within 14 days of the notice, At such hearing, the Township may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be corrected, If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within said 30 days or any extension thereof, the Township, in order to preserve the taxable values of the properties with the planned residential development and prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said entry and maintenance shall not constitute a taking of said common open space nor vest in the public any rights to use the same. Before the expiration of said year, the Township, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, shall call a public hearing upon notice to such organization or to the residents and owners of the planned residential development, to be held by the Township, at which hearing such organization or the residents and owners of the planned residential development shall show cause why such maintenance by the Township shall not, at the option of the Township, continue for a succeeding year. If the Township shall determine that such organization is ready and able to maintain said common open space in reasonable condition, the Township shall cease to maintain said common open space at the end of said year. It the Township shall determine such organization is not ready and able to maintain said common open space in a reasonable condition, the Township may, in its discretion, continue to maintain said common open space during the next succeeding year and subject to a similar hearing and determination in each year thereafter. The decision of the Township in any such case shall constitute a final administrative decision subject to judicial review.
 

(6) The cost of such maintenance by the Township shall be assessed ratably against all properties within the planned residential development that have a right of enjoyment of the common open space and shall become a lien on said properties. The Township, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of lien in the office of the Prothonotary of the County, upon the properties affected by the lien within the planned residential development. Notwithstanding any provision to the contrary, no lien shall be assessed against or upon any property owned by parties other than the organization formed to maintain common open space within the planned residential development. If such owner has paid all current assessments to the aforesaid organization, and further provided that the aggregate total of current assessments due the organization is not less than the Township’s maintenance cost to maintain the common open space in a reasonable condition.