2010 Pennsylvania Code
Title 68 - REAL AND PERSONAL PROPERTY
Chapter 32 - Creation, Alteration and Termination of Condominiums
3208 - Allocation of common element interests, votes and common expense liabilities.

     § 3208.  Allocation of common element interests, votes and
                common expense liabilities.
        (a)  General rule.--The declaration shall allocate a fraction
     or percentage of undivided interests in the common elements and
     in the common expenses of the association, and a portion of the
     votes in the association, to each unit and state the formulas
     used to establish those allocations. Such formulas may take into
     account unusual attributes of identified units if the formulas
     state how the deviation from the normal rule applies to such
     units.
        (b)  Flexible condominiums.--If units may be added to,
     including by conversion of convertible real estate to one or
     more units, or withdrawn from the condominium, the declaration
     must state the formulas to be used to reallocate the fractions
     or percentages of undivided interests in the common elements and
     in the common expenses of the association and the portions of
     the votes in the association among all units included in the
     condominium after the addition or withdrawal.
        (c)  Votes.--Each unit in the condominium shall be allocated
     one or more votes in the condominium association. The
     declaration shall specify how votes in the condominium shall be
     allocated among the units and may provide:
            (1)  for different allocations of votes among the units
        on particular matters specified in the declaration; and
            (2)  for class voting on specified issues affecting a
        particular class of units if necessary to protect the valid
        interests of the owners of such units and not affecting units
        outside of the class.
     Cumulative voting shall only be permitted if so provided
     expressly in the declaration and only for the purpose of
     electing members of the executive board. A declarant may not
     utilize cumulative or class voting for the purpose of evading
     any limitations imposed upon declarants by this subpart. The
     declaration may provide that different allocations of votes
     shall be made to the units on particular matters specified in
     the declaration.
        (d)  Alteration or partition of allocations.--Except in the
     case of eminent domain (section 3107), expansion or conversion
     of a flexible condominium (section 3211), withdrawal of
     withdrawable real estate (section 3212), relocation of
     boundaries between adjoining units (section 3214) or subdivision
     of units (section 3215), the common element interest, votes and
     common expense liability allocated to any unit may not be
     altered without unanimous consent of all unit owners. The common
     elements are not subject to partition and any purported
     conveyance, encumbrance, judicial sale or other voluntary or
     involuntary transfer of an undivided interest in the common
     elements made without the unit to which it is allocated is void.
        (e)  Calculations for undivided interests.--Except for minor
     variations due to rounding, the sums of the undivided interests
     in the common elements and common expense liabilities allocated
     at any time to all the units shall each equal one if stated as
     fractions or 100% if stated as percentages. In the event of
     discrepancy between the common element interest, votes or common
     expense liability allocated to a unit and the result derived
     from application of the formulas, the allocated common element
     interest, vote or common expense liability prevails.
     (Dec. 18, 1992, P.L.1279, No.168, eff. 45 days)

        Cross References.  Section 3208 is referred to in sections
     3103, 3205, 3311, 3314 of this title.