2010 Pennsylvania Code
Title 68 - REAL AND PERSONAL PROPERTY
Chapter 31 - General Provisions
3102 - Applicability of subpart.

     § 3102.  Applicability of subpart.
        (a)  General rule.--This subpart applies to all condominiums
     created within this Commonwealth after the effective date of
     this subpart. Subsection (b) and sections 3105 (relating to
     separate titles and taxation), 3106 (relating to applicability
     of local ordinances, regulations and building codes), 3107
     (relating to eminent domain), 3203 (relating to construction and
     validity of declaration and bylaws), 3204 (relating to
     description of units), 3222 (relating to master associations),
     3223 (relating to merger or consolidation of condominiums),
     3302(a)(1) through (6), (9) and (11) through (16) (relating to
     powers of unit owners' association), 3311 (relating to tort and
     contract liability), 3315 (relating to lien for assessments),
     3316 (relating to association records), 3407 (relating to
     resales of units) and 3412 (relating to effect of violations on
     rights of action), and section 3103 (relating to definitions) to
     the extent necessary in construing any of those sections, apply
     to all condominiums created in this Commonwealth before the
     effective date of this subpart; but those sections apply only
     with respect to events and circumstances occurring after the
     effective date of this subpart and do not invalidate existing
     provisions of the declaration, code of regulations or
     declaration plan of those condominiums.
        (a.1)  Retroactivity.--
            (1)  Sections 3103 (relating to definitions), 3108
        (relating to supplemental general principles of law), 3112
        (relating to obligation of good faith), 3219 (relating to
        amendment of declaration), 3220(i) (relating to termination
        of condominium), 3302(a)(8)(i), (16) and (17) (relating to
        powers of unit owners' association), 3303(a) and (b)
        (relating to executive board members and officers), 3307
        (relating to upkeep of condominium), 3314 (relating to
        assessments for common expenses) and 3319 (relating to other
        liens affecting the condominium), to the extent necessary in
        construing any of those sections, shall apply to all
        condominiums created in this Commonwealth before the
        effective date of this subsection, but those sections apply
        only with respect to events and circumstances occurring after
        the effective date of this subsection and do not invalidate
        existing provisions of the declaration, code of regulations,
        bylaws or declaration plan of those condominiums.
            (2)  Section 3303(c) and (d), to the extent necessary in
        construing any of those subsections, applies to all
        condominiums created in this Commonwealth before the
        effective date of this subpart, but those subsections apply
        only with respect to events and circumstances occurring 180
        days after the effective date of this subsection and do not
        invalidate existing provisions of the declaration, code of
        regulations or declaration plan of those condominiums.
        (b)  Prior statutory law.--The provisions of the act of July
     3, 1963 (P.L.196, No.117), known as the Unit Property Act, do
     not apply to condominiums created after the effective date of
     this subpart and do not invalidate any amendment to the
     declaration, code of regulations or declaration plan of any
     condominium created before the effective date of this subpart if
     the amendment would be permitted by this subpart. The amendment
     must be adopted in conformity with the procedures and
     requirements specified by those instruments and by the
     provisions of the Unit Property Act. If the amendment grants to
     any person any rights, powers or privileges permitted by this
     subpart, all correlative obligations, liabilities and
     restrictions in this subpart also apply to that person. By
     amendment to the declaration, code of regulations and
     declaration plan, a condominium created pursuant to the Unit
     Property Act may be made subject to all of the provisions of
     this subpart in lieu of the provisions of the Unit Property Act,
     effective as of the date of recordation of such amendments and
     without in any way terminating the condominium status of the
     property or in any way affecting any lien or encumbrance on the
     property, if the terms of such amended documents conform to the
     requirements of this subpart and if such amendments have been
     approved by 67% of the persons whose actions would have been
     required to effect a removal of the property from the Unit
     Property Act pursuant to section 601 thereof. No amendment of:
            (1)  the declaration, code of regulations or declaration
        plan of a condominium created pursuant to the Unit Property
        Act; or
            (2)  the declaration, bylaws or plats and plans of a
        condominium created pursuant to this subpart;
     may increase the obligations or responsibilities of a declarant
     (as such and not as a unit owner) without the joinder of the
     declarant in such amendment.
        (c)  Condominiums outside Commonwealth.--This subpart does
     not apply to condominiums or units located outside this
     Commonwealth, but the public offering statement provisions
     (sections 3402 through 3405) apply to all dispositions thereof
     in this Commonwealth unless exempt under section 3401(b)(5)
     (relating to applicability; waiver).
     (Dec. 18, 1992, P.L.1279, No.168, eff. 45 days; Nov. 30, 2004,
     P.L.1509, No.191, eff. 60 days; July 4, 2008, P.L.619, No.49,
     eff. imd.)

        2008 Amendment.  Act 49 amended subsec. (b).
        2004 Amendment.  Act 191 added subsec. (a.1).