2010 Pennsylvania Code
Title 68 - REAL AND PERSONAL PROPERTY
Chapter 32 - Creation, Alteration and Termination of Condominiums
3205 - Contents of declaration; all condominiums.

     § 3205.  Contents of declaration; all condominiums.
        The declaration for a condominium must contain:
            (1)  The name of the condominium which must include the
        word "condominium" or be followed by the words "a
        condominium."
            (2)  The name of every county in which any part of the
        condominium is situated.
            (3)  A legally sufficient description of the real estate
        included in the condominium.
            (4)  A description or delineation of the boundaries of
        each unit including the unit's identifying number.
            (5)  A statement of the maximum number of units that may
        be created by the subdivision or conversion of units owned by
        the declarant pursuant to section 3215(c) (relating to
        subdivision or conversion of units).
            (6)  A description of any limited common elements as
        provided in section 3209 (relating to limited common
        elements) and limited common expenses, if any, and how they
        are to be assessed.
            (7)  A description of any common elements not within the
        boundaries of any convertible real estate which may be
        allocated subsequently as limited common elements together
        with a statement that they may be so allocated and a
        description of the method by which the allocations are to be
        made.
            (8)  An allocation to each unit of an undivided interest
        in the common elements, a portion of the votes in the
        association and a percentage or fraction of the common
        expenses of the association (section 3208).
            (9)  Any restrictions created by the declarant on use,
        occupancy and alienation of the units.
            (10)  The recording data for recorded easements and
        licenses appurtenant to or included in the condominium or to
        which any portion of the condominium is or may become
        subject.
            (11)  If all or any of the units are or may be owned in
        time-share estates as defined in section 3403(a) (relating to
        public offering statement; time-share estates), which units
        may be owned in time-share estates and the maximum number of
        time-share estates that may be created in the condominium, it
        being intended that time-share estates shall not be permitted
        except if and to the extent expressly authorized by the
        declaration.
            (12)  If the declarant wishes to retain the special
        declarant right to cause section 3222 (relating to master
        associations) to become applicable to a condominium, then:
                (i)  an explicit reservation of such right;
                (ii)  a statement of the time limit, not exceeding
            seven years after the recordation of the declaration,
            upon which the option reserved under subparagraph (i)
            will lapse, together with a statement of any
            circumstances that will terminate the option before the
            expiration of the time limit; and
                (iii)  the information required to be included in the
            declaration by the provisions of section 3222.
            (13)  If the declarant wishes to retain the special
        declarant right to merge or consolidate the condominium
        pursuant to section 3223 (relating to merger or consolidation
        of condominiums), then:
                (i)  an explicit reservation of such right;
                (ii)  a statement of the time limit, not exceeding
            seven years after the recording of the declaration, upon
            which any option reserved under subparagraph (i) will
            lapse, together with a statement of any circumstances
            that will terminate the option before the expiration of
            the time limit;
                (iii)  a statement of the name and location of each
            other condominium that may be subject to such a merger or
            consolidation if such other condominiums exist and if
            such other condominiums do not exist, then the
            declaration shall include the following:
                    (A)  A statement of the extent to which the
                common element interest, relative voting strength in
                the association and share of common expense liability
                of each unit in the condominium at the time the
                merger or consolidation is effectuated may be
                increased or decreased by actions pursuant to any
                option reserved under subparagraph (i), including the
                formulas to be used for those reallocations.
                    (B)  Legally sufficient descriptions of each
                portion of real estate which is part of any other
                condominiums which may be created and with which the
                condominium may merge or consolidate.
                    (C)  If mergers or consolidations may be
                effectuated at different times, a statement to that
                effect together with:
                        (I)  either a statement fixing the boundaries
                    of those condominiums and regulating the order in
                    which they may be merged or consolidated or a
                    statement that no assurances are made in those
                    regards; and
                        (II)  a statement as to whether, if any other
                    condominiums are merged or consolidated with the
                    condominium, all or any of such condominiums must
                    be merged or consolidated.
                    (D)  A statement of:
                        (I)  the maximum number of units that may be
                    created within any such other condominiums, the
                    boundaries of which are fixed pursuant to clause
                    (C);
                        (II)  how many of those units will be
                    restricted exclusively to residential use; and
                        (III)  the maximum number of units per acre
                    that may be created within any such other
                    condominiums, the boundaries of which are not
                    fixed pursuant to clause (C).
                    (E)  If any of the units that may be built within
                any such other condominiums are not to be restricted
                exclusively to residential use, a statement with
                respect to each portion of such other condominiums of
                the maximum percentage of the real estate areas and
                the maximum percentage of the floor areas of all
                units that may be created therein that are not
                restricted exclusively to residential use.
                    (F)  A statement of the extent to which any
                buildings and units that may be part of such other
                condominiums will be compatible with the other
                buildings and units in the condominium in terms of
                architectural style, quality of construction,
                principal materials employed in construction and size
                or a statement that no assurances are made in those
                regards.
                    (G)  A statement that all restrictions in the
                declaration affecting use, occupancy and alienation
                of units will apply to units created within any such
                other condominiums or a statement of any
                differentiations that may be made as to those units.
                    (H)  General descriptions of all other
                improvements and limited common elements that may be
                made or created within such other condominiums or a
                statement that no assurances are made in that regard.
                    (I)  A statement of any limitations as to the
                locations of any buildings or other improvements that
                may be made within such other condominiums or a
                statement that no assurances are made in that regard.
                    (J)  A statement that any limited common elements
                created within any such other condominiums will be of
                the same general types and sizes as those within the
                condominium or a statement of any other assurances in
                that regard or a statement that no assurances are
                made in that regard.
                    (K)  A statement that the proportion of limited
                common elements to units created within such other
                condominiums will be approximately equal to the
                proportion existing within the condominium or a
                statement of any other assurances in that regard or a
                statement that no assurances are made in that regard.
                    (L)  A statement of the extent to which any
                assurances made in the declaration regarding such
                other condominiums pursuant to clauses (C) through
                (K) apply in the event any such condominiums are not
                merged or consolidated with the condominium or a
                statement that those assurances do not apply if the
                condominiums are not merged or consolidated with the
                condominium; and
                (iv)  a summary description of the other provisions
            which materially change any rights, obligations or
            liabilities that will be included in the agreement of
            merger or consolidation if such right is exercised.
            (14)  Any other matters the declarant deems appropriate.
     (Dec. 18, 1992, P.L.1279, No.168, eff. 45 days)

        Cross References.  Section 3205 is referred to in sections
     3103, 3206, 3209, 3211, 3222, 3223, 3407, 3414 of this title.