2010 Pennsylvania Code
Title 68 - REAL AND PERSONAL PROPERTY
Chapter 32 - Creation, Alteration and Termination of Condominiums
3223 - Merger or consolidation of condominiums.

     § 3223.  Merger or consolidation of condominiums.
        (a)  General rule.--Any two or more condominiums by agreement
     of the unit owners as provided in subsection (b) may be merged
     or consolidated into a single condominium. In the event of a
     merger or consolidation, unless the agreement otherwise
     provides, the resultant condominium is, for all purposes, the
     legal successor of all of the preexisting condominiums, and the
     operations and activities of all associations of the preexisting
     condominiums shall be merged or consolidated into a single
     association which shall hold all powers, rights, obligations,
     assets and liabilities of all preexisting associations. The
     resultant condominium shall, in addition, be subject in all
     respects to the provisions and requirements of this subpart
     regardless of whether or not any of the preexisting condominiums
     shall have been established under this subpart.
        (b)  Requirements of agreement.--The merger or consolidation
     of two or more condominiums pursuant to subsection (a) must be
     evidenced by a recorded agreement duly executed by the president
     of the association of each of the preexisting condominiums
     following approval by owners of units to which are allocated the
     percentage of votes in each condominium required to terminate
     such condominium. Any such agreement must be recorded in every
     county in which a portion of the condominium is located and is
     not effective until so recorded.
        (c)  Reallocations.--Every merger or consolidation agreement
     must provide for the reallocation of the common element
     interests, common expense liability, including both general and
     limited common expenses, and portion of the votes in the
     resulting association among the units of the resulting
     condominium either:
            (1)  by stating the reallocations or the formulas upon
        which they are based; or
            (2)  by stating the common element interests, common
        expense liability, including both general and limited common
        expenses, and portion of the votes in the resulting
        association which are allocated to all of the units
        comprising each of the preexisting condominiums, and
        providing that the common element interests, common expense
        liability, including both general and limited common
        expenses, and portion of the votes in the association for the
        resulting condominium shall be the same as was allocated to
        each unit formerly comprising a part of the preexisting
        condominium by the declaration of the preexisting
        condominium.
        (d)  Action by declarant.--Notwithstanding the provisions of
     subsections (a) and (b), if a declarant expressly retained the
     special declarant right to merge or consolidate a condominium
     pursuant to section 3205(13) (relating to contents of
     declaration; all condominiums) and if the declarant exercised
     such right within the time period allowed for such exercise by
     giving written notice to that effect to all unit owners
     accompanied by a copy of the agreement evidencing such merger or
     consolidation, then such agreement may be executed by the
     declarant rather than by the president of the association of
     that condominium and without the necessity for approval or
     consent by unit owners or their mortgagees, provided that the
     agreement is recorded within the time period allowed for the
     exercise of this special declarant right.
     (Dec. 18, 1992, P.L.1279, No.168, eff. 45 days)

        1992 Amendment.  Act 168 added section 3223.
        Cross References.  Section 3223 is referred to in sections
     3102, 3103, 3205 of this title.