2010 Pennsylvania Code
Title 68 - REAL AND PERSONAL PROPERTY
Chapter 31 - General Provisions
3103 - Definitions.

     § 3103.  Definitions.
        The following words and phrases when used in this subpart and
     in the declaration and bylaws shall have the meanings given to
     them in this section unless specifically provided otherwise or
     unless the context clearly indicates otherwise:
        "Additional real estate."  Real estate that may be added to a
     flexible condominium.
        "Affiliate of a declarant."  Any person who controls, is
     controlled by, or is under common control with a declarant.
            (1)  A person "controls" a declarant if the person:
                (i)  is a general partner, officer, director or
            employer of the declarant;
                (ii)  directly or indirectly or acting in concert
            with one or more other persons, or through one or more
            subsidiaries, owns, controls, holds with power to vote,
            or holds proxies representing, more than 20% of the
            voting interests of the declarant;
                (iii)  controls in any manner the election of a
            majority of the directors of the declarant; or
                (iv)  has contributed more than 20% of the capital of
            the declarant.
            (2)  A person "is controlled by" a declarant if the
        declarant:
                (i)  is a general partner, officer, director or
            employee of the person;
                (ii)  directly or indirectly or acting in concert
            with one or more other persons, or through one or more
            subsidiaries, owns, controls, holds with power to vote,
            or holds proxies representing, more than 20% of the
            voting interests of the person;
                (iii)  controls in any manner the election of a
            majority of the directors of the person; or
                (iv)  has contributed more than 20% of the capital of
            the person.
            (3)  Control does not exist if the powers described in
        paragraphs (1) and (2) are held solely as security for an
        obligation and are not exercised.
        "Association" or "unit owners' association."  The unit
     owners' association organized under section 3301 (relating to
     organization of unit owners' association).
        "Common elements."  All portions of a condominium other than
     the units.
        "Common expenses."  Expenditures made or liabilities incurred
     by or on behalf of the association, together with any
     allocations to reserves, including general common expenses and
     limited common expenses.
        "Common expense liability."  The liability for common
     expenses allocated to each unit pursuant to section 3208
     (relating to allocation of common element interests, votes and
     common expense liabilities).
        "Condominium."  Real estate, portions of which are designated
     for separate ownership and the remainder of which is designated
     for common ownership solely by the owners of those portions.
     Real estate is not a condominium unless the undivided interests
     in the common elements are vested in the unit owners.
        "Conversion building."  A building that, at any time before
     the conversion notice date with respect to the condominium in
     which the building is located, was occupied wholly or partially
     by persons other than purchasers and persons who occupy with the
     consent of purchasers.
        "Conversion notice."  The notice required to be given to
     tenants or subtenants by the terms of section 3410(a) (relating
     to condominiums containing conversion buildings).
        "Conversion notice date."  The date on which the conversion
     notice is placed in the United States mail, in the case of
     mailed notices, or delivered to the unit leased by the
     recipient, in the case of hand-delivered notices.
        "Convertible real estate."  A portion of a flexible
     condominium not within a building containing a unit, within
     which additional units or limited common elements, or both, may
     be created.
        "Declarant."
            (1)  If the condominium has been created, "declarant"
        means:
                (i)  any person who has executed a declaration, or an
            amendment to a declaration to add additional real estate,
            other than persons holding interests in the real estate
            solely as security for an obligation, persons whose
            interests in the real estate will not be conveyed to unit
            owners, or, in the case of a leasehold condominium, a
            lessor who possesses no special declarant rights and who
            is not an affiliate of a declarant who possesses special
            declarant rights; or
                (ii)  any person who succeeds under section 3304
            (relating to transfer of special declarant rights) to any
            special declarant rights.
            (2)  If the condominium has not yet been created,
        "declarant" means any person who offers to dispose of or
        disposes of his interest in a unit to be created and not
        previously disposed of.
            (3)  If a declaration is executed by a trustee of a land
        trust, "declarant" means the beneficiary of the trust.
        "Dispose" or "disposition."  A voluntary transfer of any
     legal or equitable interest in a unit or a proposed unit, other
     than as security for an obligation.
        "Executive board."  The body, regardless of name, designated
     in the declaration to act on behalf of the association.
        "Flexible condominium."  A condominium containing
     withdrawable or convertible real estate, a condominium to which
     additional real estate may be added, or a combination thereof.
        "Identifying number."  A symbol that identifies only one unit
     in a condominium.
        "Installment sales contract."  An executory contract for the
     purchase and sale of a unit or interest in a unit whereby the
     purchaser is obligated to make six or more installment payments
     to the seller after the execution of the contract and before the
     time appointed for the conveyance of title to the unit or
     interest in the unit.
        "Leasehold condominium."  A condominium in which all or a
     portion of the real estate is subject to a lease the expiration
     or termination of which will terminate the condominium or reduce
     its size.
        "Limited common element."  A portion of the common elements
     allocated by or pursuant to the declaration or by operation of
     section 3202(2) or (4) (relating to unit boundaries) for the
     exclusive use of one or more but fewer than all of the units.
        "Limited common expenses."  All expenses identified as such
     pursuant to section 3314(c) (relating to assessments for common
     expenses).
        "Master association."  An organization described in section
     3222 (relating to master associations), whether or not it is an
     association described in section 3301 (relating to organization
     of unit owners' association).
        "Offer" or "offering."  Any advertisement, inducement,
     solicitation or attempt to encourage any person to acquire any
     interest in a unit, other than as security for an obligation. An
     advertisement in a newspaper or other periodical of general
     circulation, or in any broadcast medium to the general public,
     of a condominium not located in this Commonwealth, is not an
     offer or offering if the advertisement states that an offer or
     offering may be made only in compliance with the law of the
     jurisdiction in which the condominium is located.
        "Original lease termination date."  The date on which the
     lease or sublease of a residential tenant or subtenant in
     possession of a unit in a conversion building will expire by the
     terms of such lease or sublease, after taking into account any
     renewal or extension rights that may have been exercised prior
     to the conversion notice date.
        "Person."  A natural person, corporation, partnership,
     association, trust, other entity or any combination thereof.
        "Purchaser."  Any person, other than a declarant, who by
     means of a disposition acquires a legal or equitable interest in
     a unit, other than:
            (1)  a leasehold interest (including renewal options) of
        less than 20 years, but a person who will become a unit owner
        in a leasehold condominium upon consummation of the
        disposition shall be deemed to be a purchaser; or
            (2)  as security for an obligation.
        "Real estate."  Any fee, leasehold or other estate or
     interest in, over or under land, including structures, fixtures
     and other improvements and interests which by custom, usage or
     law pass with a conveyance of land though not described in the
     contract of sale or instrument of conveyance. "Real estate"
     includes parcels with or without upper or lower boundaries, and
     spaces that may be filled with air or water.
        "Residential tenant" or "residential subtenant."  A tenant or
     subtenant, respectively, who is a natural person lawfully
     occupying real estate for residential use.
        "Special declarant rights."  Rights reserved for the benefit
     of a declarant to:
            (1)  Complete improvements indicated on plats and plans
        filed with the declaration (section 3210).
            (2)  Convert convertible real estate in a flexible
        condominium (section 3211).
            (3)  Add additional real estate to a flexible condominium
        (section 3211).
            (4)  Withdraw withdrawable real estate from a flexible
        condominium (section 3212).
            (5)  Convert a unit into two or more units, common
        elements, or into two or more units and common elements
        (section 3215).
            (6)  Maintain offices, signs and models (section 3217).
            (7)  Use easements through the common elements for the
        purpose of making improvements within the condominium or
        within any convertible or additional real estate (section
        3218).
            (8)  Cause the condominium to be merged or consolidated
        with another condominium (section 3223).
            (9)  Make the condominium subject to a master association
        (section 3222).
            (10)  Appoint or remove any officer of the association or
        any master association or any executive board member during
        any period of declarant control (section 3303(c)).
        "Unit."  A portion of the condominium designated for separate
     ownership, the boundaries of which are described pursuant to
     section 3205(4) (relating to contents of declaration; all
     condominiums).
        "Unit owner."  A declarant who owns a unit, a person to whom
     ownership of a unit has been conveyed, or a lessee of a unit in
     a leasehold condominium whose lease expires simultaneously with
     any lease the expiration or termination of which will remove the
     unit from the condominium. "Unit owner" does not include a
     person having an interest in a unit solely as security for an
     obligation.
        "Withdrawable real estate."  Real estate that may be
     withdrawn from a flexible condominium.
     (Dec. 18, 1992, P.L.1279, No.168, eff. 45 days)

        1992 Amendment.  Act 168 amended the defs. of "affiliate of a
     declarant," "common expenses," "conversion condominium,"
     "declarant," "dispose" or "disposition," "limited common
     element," "offering," "purchaser" and "special declarant rights"
     and added the defs. of "conversion notice," "conversion notice
     date," "limited common expenses," "master association,"
     "original lease termination date" and "residential tenant" or
     "residential subtenant."
        Cross References.  Section 3103 is referred to in sections
     3102, 3304 of this title; section 8401 of Title 53
     (Municipalities Generally).