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Title 68 - REAL AND PERSONAL PROPERTY
Chapter 32 - Creation, Alteration and Termination of Condominiums
Condominiums -
CHAPTER 32
CREATION, ALTERATION AND TERMINATION
OF CONDOMINIUMS
Sec.
3201. Creation of condominium.
3202. Unit boundaries.
3203. Construction and validity of declaration and bylaws.
3204. Description of units.
3205. Contents of declaration; all condominiums.
3206. Contents of declaration; flexible condominiums.
3207. Leasehold condominiums.
3208. Allocation of common element interests, votes and
common expense liabilities.
3209. Limited common elements.
3210. Plats and plans.
3211. Conversion and expansion of flexible condominiums.
3212. Withdrawal of withdrawable real estate.
3213. Alterations of units.
3214. Relocation of boundaries between adjoining units.
3215. Subdivision or conversion of units.
3216. Easement for encroachments.
3217. Declarant's offices, models and signs.
3218. Easement to facilitate completion, conversion and
expansion.
3219. Amendment of declaration.
3220. Termination of condominium.
3221. Rights of secured lenders.
3222. Master associations.
3223. Merger or consolidation of condominiums.
Enactment. Chapter 32 was added July 2, 1980, P.L.286,
No.82, effective in 120 days.
§ 3201. Creation of condominium.
A condominium may be created pursuant to this subpart only by
recording a declaration executed, in the same manner as a deed,
by all persons whose interests in the real estate will be
conveyed to unit owners and by every lessor of a lease the
expiration or termination of which will terminate the
condominium or reduce its size, provided, however, in any such
lease wherein the lessor is the Commonwealth of Pennsylvania, a
municipal government or any agency thereof, said lessor need not
execute the declaration if they shall have previously given
written consent to its filing and agreed to be bound by the
provisions of the Pennsylvania Uniform Condominium Act, in which
case said declaration shall be executed by the lessee then in
possession of the subject property. The declaration shall be
recorded in every county in which any portion of the condominium
is located in the same records as are maintained for the
recording of deeds of real property and shall be indexed against
each declarant as the grantor and the name of the condominium as
the grantee.
(Dec. 18, 1992, P.L.1279, No.168, eff. 45 days)
Cross References. Section 3201 is referred to in section
3106 of this title.
§ 3202. Unit boundaries.
Except as provided by the declaration:
(1) If walls, floor or ceilings are designated as
boundaries of a unit, all lath, furring, wallboard,
plasterboard, plaster, paneling, tiles, wallpaper, paint,
finished flooring and any other materials constituting any
part of the finished surfaces thereof are a part of the unit,
and all other portions of the walls, floors or ceilings are a
part of the common elements.
(2) If any chute, flue, duct, wire, conduit, bearing
wall, bearing column or any other fixture lies partially
within and partially outside the designated boundaries of a
unit, any portion thereof serving only that unit is a limited
common element allocated solely to that unit, and any portion
thereof serving more than one unit or any portion of the
common elements is a part of the common elements.
(3) Subject to the provisions of paragraph (2), all
spaces, interior partitions and other fixtures and
improvements within the boundaries of a unit are a part of
the unit.
(4) Any shutters, awnings, window boxes, doorsteps,
stoops, porches, balconies, patios and all exterior doors and
windows or other fixtures designed to serve a single unit,
but located outside the unit's boundaries, are limited common
elements allocated exclusively to that unit.
Cross References. Section 3202 is referred to in sections
3103, 3209, 3210, 3302 of this title.
§ 3203. Construction and validity of declaration and bylaws.
(a) Provisions severable.--All provisions of the declaration
and bylaws are severable.
(b) Application of rule against perpetuities.--The rule
against perpetuities may not be applied to defeat any provision
of the declaration or this subpart, or any instrument executed
pursuant to the declaration or this subpart.
(c) Conflict between declaration and bylaws.--In the event
of a conflict between the provisions of the declaration and the
bylaws, the declaration prevails except to the extent the
declaration is inconsistent with this subpart.
(d) Effect of noncompliance on title to unit.--Title to a
unit and its common element interest is not rendered
unmarketable or otherwise affected by any provision of
unrecorded bylaws or by reason of an insubstantial failure of
the declaration to comply with this subpart.
Cross References. Section 3203 is referred to in section
3102 of this title.
§ 3204. Description of units.
After the declaration is recorded, a description of a unit
which sets forth the name of the condominium, the recording data
for the declaration, the county or counties in which the
condominium is located and the identifying number of the unit is
a sufficient legal description of that unit and its common
element interest even if the common element interest is not
described or referred to therein. Deeds, leases and mortgages of
units shall be recorded in the same records as are maintained by
the recorder for the recording of like instruments and shall be
indexed by the recorder in the same manner as like instruments
are indexed.
Cross References. Section 3204 is referred to in section
3102 of this title.
§ 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.
§ 3206. Contents of declaration; flexible condominiums.
The declaration for a flexible condominium shall include, in
addition to the matters specified in section 3205 (relating to
contents of declaration; all condominiums):
(1) An explicit reservation of any options to create
units, limited common elements, or both, within convertible
real estate or to add additional real estate to or withdraw
withdrawable real estate from the condominium.
(2) A statement of the time limit, not exceeding seven
years after the recording of the declaration, upon which any
option reserved under paragraph (1) will lapse together with
a statement of any circumstances that will terminate the
option before the expiration of the time limit.
(3) A statement of any limitations on any option
reserved under paragraph (1), other than limitations created
by or imposed pursuant to law, or else a statement that there
are no such limitations.
(4) 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 declaration is recorded may be
increased or decreased by actions pursuant to any option
reserved under paragraph (1) including the formulas to be
used for those reallocations.
(5) Legally sufficient descriptions of each portion of
convertible, additional and withdrawable real estate.
(6) If portions of any convertible, additional or
withdrawable real estate may be converted, added or withdrawn
at different times, a statement to that effect together with:
(i) either a statement fixing the boundaries of
those portions and regulating the order in which they may
be converted, added or withdrawn or a statement that no
assurances are made in those regards: and
(ii) a statement as to whether, if any portion of
convertible, additional or withdrawable real estate is
converted, added or withdrawn, all or any particular
portion of that or any other real estate must be
converted, added or withdrawn.
(7) A statement of:
(i) the maximum number of units that may be created
within any additional or convertible real estate, or
within any portion of either, the boundaries of which are
fixed pursuant to paragraph (6);
(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 portions the boundaries of which
are not fixed pursuant to paragraph (6).
(8) If any of the units that may be built within any
additional or convertible real estate are not to be
restricted exclusively to residential use, a statement with
respect to each portion of the additional and convertible
real estate 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.
(9) A statement of the extent to which any buildings and
units that may be erected upon each portion of the additional
or convertible real estate 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.
(10) A statement that all restrictions in the
declaration affecting use, occupancy and alienation of units
will apply to units created within any convertible or
additional real estate, or a statement of any
differentiations that may be made as to those units.
(11) General descriptions of all other improvements and
limited common elements that may be made or created upon or
within each portion of the additional or convertible real
estate, or a statement that no assurances are made in that
regard.
(12) A statement of any limitations as to the locations
of any buildings or other improvements that may be made
within convertible or additional real estate, or a statement
that no assurances are made in that regard.
(13) A statement that any limited common elements
created within any convertible or additional real estate will
be of the same general types and sizes as those within other
parts of the condominium, or a statement of any other
assurances in that regard, or a statement that no assurances
are made in that regard.
(14) A statement that the proportion of limited common
elements to units created within convertible or additional
real estate will be approximately equal to the proportion
existing within other parts of the condominium, or a
statement of any other assurances in that regard, or a
statement that no assurances are made in that regard.
(15) A statement of the extent to which any assurances
made in the declaration regarding additional or withdrawable
real estate pursuant to paragraphs (6) through (14) apply in
the event any additional real estate is not added to or any
withdrawable land is withdrawn from the condominium, or a
statement that those assurances do not apply if the real
estate is not added to or is withdrawn from the condominium.
Cross References. Section 3206 is referred to in sections
3211, 3212, 3402 of this title.
§ 3207. Leasehold condominiums.
(a) Recording lease and contents of declaration.--Any lease
the expiration or termination of which may terminate the
condominium or reduce its size shall be recorded and the
declaration shall state:
(1) The recording data for the lease.
(2) The date on which the lease is scheduled to expire.
(3) A legally sufficient description of the real estate
subject to the lease.
(4) Any right of the unit owners to redeem the reversion
and the manner whereby those rights may be exercised, or a
statement that they do not have those rights.
(5) Any right of the unit owners to remove any
improvements within a reasonable time after the expiration or
termination of the lease, or a statement that they do not
have those rights.
(6) Any rights of the unit owners to renew the lease and
the conditions of any renewal, or a statement that they do
not have those rights.
(b) Limitation on termination of leasehold interest.--After
the declaration for a leasehold condominium is recorded, neither
the lessor nor his successor in interest may terminate the
leasehold interest of a unit owner who makes timely payment of
his share of the rent and otherwise complies with all covenants
which, if violated, would entitle the lessor to terminate the
lease. A unit owner's leasehold interest is not affected by
failure of any other person to pay rent or fulfill any other
covenant.
(c) Merger of leasehold and fee simple interests.--
Acquisition of the leasehold interest of any unit owner by the
owner of the reversion or remainder does not merge the leasehold
and fee simple interests unless the leasehold interests of all
unit owners subject to that reversion or remainder are acquired.
(d) Reallocation of interests if number of units reduced.--
If the expiration or termination of a lease decreases the number
of units in a condominium, the common element interests, votes
in the association and common expense liabilities shall be
reallocated in accordance with section 3107 (relating to eminent
domain) as though those units had been taken by eminent domain.
Reallocations shall be confirmed by an amendment to the
declaration prepared, executed and recorded by the association.
Cross References. Section 3207 is referred to in sections
3219, 3402 of this title.
§ 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.
§ 3209. Limited common elements.
(a) Allocation.--Except for the limited common elements
described in section 3202(2) and (4) (relating to unit
boundaries), the declaration shall specify to which unit or
units each limited common element is allocated. That allocation
may not be altered without the consent of the unit owners whose
units are affected.
(b) Reallocation.--Subject to any provisions of the
declaration, a limited common element may be reallocated by a
recorded assignment executed by the unit owners between or among
whose units the reallocation is made, or by an amendment to the
declaration executed by those unit owners. The persons executing
the assignment or amendment to the declaration shall provide a
copy thereof to the association.
(c) Common elements not previously allocated.--A common
element not previously allocated as a limited common element may
not be so allocated except pursuant to provisions in the
declaration made in accordance with section 3205(7) (relating to
contents of declaration; all condominiums). The declaration may
provide that the allocations shall be made by deeds or
assignments executed by the declarant or the association, or by
amendments to the declaration.
Cross References. Section 3209 is referred to in sections
3205, 3211, 3219 of this title.
§ 3210. Plats and plans.
(a) General rule.--Plats and plans are a part of the
declaration. Separate plats and plans are not required by this
subpart if all the information required by this section is
contained in either a plat or plan. Each plat and plan must be
clear and legible. The plats and plans must contain, on the
first page of the plats and plans, a certification that all of
the plats and plans contain all information required by this
section.
(b) Contents of plat.--Each plat must show:
(1) The name, location and dimensions of the
condominium.
(2) The location and dimensions of all existing
improvements.
(3) The intended location and dimensions of any
contemplated improvement to be constructed anywhere within
the condominium labeled either "MUST BE BUILT" or "NEED NOT
BE BUILT" but need not show contemplated improvements within
the boundaries of convertible real estate.
(4) The location and dimensions of any convertible real
estate, labeled as such.
(5) The location and dimensions of any withdrawable real
estate, labeled as such.
(6) The extent of any encroachments by or upon any
portion of the condominium.
(7) To the extent feasible, the location and dimensions
of all easements serving or burdening any portion of the
condominium.
(8) The location and dimensions of any vertical unit
boundaries not shown or projected on plans recorded pursuant
to subsection (c) and that unit's identifying number.
(9) The location with reference to established datum of
any horizontal unit boundaries not shown or projected on
plans recorded pursuant to subsection (c) and that unit's
identifying number.
(10) The location and dimensions of any real estate in
which the unit owners will own only an estate for years,
labeled as "leasehold real estate."
(11) The distance between noncontiguous parcels of real
estate comprising the condominium.
(12) The location and dimensions of limited common
elements, including porches, balconies and patios, other than
parking spaces and the other limited common elements
described in section 3202(2) and (4) (relating to unit
boundaries) not shown on plans recorded pursuant to
subsection (c).
(13) All other matters customarily shown on land
surveys.
(c) Contents of plan.--Plans of every building that contains
or comprises all or part of any unit and is located or must be
built within any portion of the condominium, other than within
the boundaries of any convertible real estate, must show:
(1) The location and dimensions of the vertical
boundaries of each unit, to the extent those boundaries lie
within or coincide with the boundaries of the building in
which the unit is located, and that unit's identifying
number.
(2) Any horizontal unit boundaries, with reference to
established datum, not shown on plats recorded pursuant to
subsection (b), and that unit's identifying number.
(3) Any units that may be converted by the declarant to
create additional units or common elements (section 3215(c)),
identified appropriately.
(4) The location and dimensions of limited common
elements, including porches, balconies and patios, other than
parking spaces and other limited common elements described in
section 3202(2) and (4) not shown on plats recorded pursuant
to subsection (b).
(d) Horizontal boundaries of unit partly outside building.--
Unless the declaration provides otherwise, the horizontal
boundaries of part of a unit located outside of a building have
the same elevation as the horizontal boundaries of the inside
part and need not be depicted on the plats and plans.
(e) Converting or adding real estate.--Upon converting
convertible real estate or adding additional real estate
(section 3211), the declarant shall record new plats for that
real estate conforming to the requirements of subsection (b) and
new plans for any buildings on that real estate conforming to
the requirements of subsection (c). If less than all of any
convertible real estate is being converted, the new plats must
also show the location and dimensions of the remaining portion.
(f) Converting units.--If a declarant converts any unit into
two or more units, limited common elements, or both (section
3215), he shall record new plans showing the location and
dimensions of any new units and limited common elements thus
created as well as the location and dimensions of any portion of
that space not being converted.
(g) Alternative recording.--Instead of recording new plats
and plans as required by subsections (e) and (f), the declarant
may record new certifications of plats and plans previously
recorded if those plats and plans show all improvements required
by subsections (e) and (f).
(h) Who may make certifications.--Any certification of a
plat or plan required by this section must be made by an
independent registered surveyor, architect or professional
engineer.
(Dec. 18, 1992, P.L.1279, No.168, eff. 45 days; Nov. 30, 2004,
P.L.1509, No.191, eff. 60 days)
2004 Amendment. Act 191 amended subsec. (h).
Cross References. Section 3210 is referred to in sections
3103, 3211, 3219, 3413, 3414 of this title.
§ 3211. Conversion and expansion of flexible condominiums.
(a) General rule.--To convert convertible real estate or add
additional real estate pursuant to an option reserved under
section 3206(1) (relating to contents of declaration; flexible
condominiums), the declarant shall prepare, execute and record
an amendment to the declaration (section 3219) and comply with
section 3210 (relating to plats and plans). The declarant is the
unit owner of any units thereby created. The amendment to the
declaration must assign an identifying number to each unit
formed in the convertible or additional real estate and
reallocate common element interests, votes in the association
and common expense liabilities. The amendment must describe or
delineate any limited common elements formed out of the
convertible or additional real estate, showing or designating
the unit to which each is allocated to the extent required by
section 3209 (relating to limited common elements).
(b) Creations within additional real estate.--Convertible or
withdrawable real estate may be created within any additional
real estate added to the condominium if the amendment adding
that real estate includes all matters required by section 3205
(relating to contents of declaration; all condominiums) or
section 3206 (relating to contents of declaration; flexible
condominiums), as the case may be, and the plat includes all
matters required by section 3210(b) (relating to plats and
plans). This provision does not extend the time limit on
conversion or contraction of a flexible condominium imposed by
the declaration pursuant to section 3206(2).
(c) Liability for expenses and right to income.--Until
conversion occurs or the period during which conversion may
occur expires, whichever occurs first, the declarant alone is
liable for real estate taxes assessed against convertible real
estate and all other expenses in connection with that real
estate. No other unit owner and no other portion of the
condominium is subject to a claim for payment of those taxes or
expenses. Unless the declaration provides otherwise, any income
or proceeds from convertible real estate inures to the
declarant.
(Dec. 18, 1992, P.L.1279, No.168, eff. 45 days)
Cross References. Section 3211 is referred to in sections
3103, 3208, 3210, 3219, 3302, 3414 of this title.
§ 3212. Withdrawal of withdrawable real estate.
(a) General rule.--To withdraw withdrawable real estate from
a flexible condominium pursuant to an option reserved under
section 3206(1) (relating to contents of declaration; flexible
condominiums), the declarant shall prepare, execute and record
an amendment to the declaration containing a legally sufficient
description of the real estate being withdrawn and stating the
fact of withdrawal. The amendment must reallocate common element
interests, votes in the association and common expense
liabilities to the remaining units in the condominium in
proportion to the respective interests, votes and liabilities of
those units before the withdrawal, and the reallocation is
effective when the amendment is recorded.
(b) When withdrawal prohibited.--If a portion of the
withdrawable real estate was described pursuant to section
3206(6), that portion may not be withdrawn if any person other
than the declarant owns a unit situated therein. If the portion
was not so described, none of it is withdrawable if any person
other than the declarant owns a unit situated therein.
(c) Liability for expenses and right to income.--Until
withdrawal occurs or the period during which withdrawal may
occur expires, whichever occurs first, the declarant alone is
liable for real estate taxes assessed against withdrawable real
estate and all other expenses in connection with that real
estate. No other unit owner and no other portion of the
condominium is subject to a claim for payment of those taxes or
expenses. Unless the declaration provides otherwise, any income
or proceeds from withdrawable real estate inures to the
declarant.
Cross References. Section 3212 is referred to in sections
3103, 3208, 3219, 3414 of this title.
§ 3213. Alterations of units.
Subject to the provisions of the declaration and other
provisions of law, a unit owner:
(1) May make any improvements or alterations to his unit
that do not impair the structural integrity or mechanical
systems or lessen the support of any portion of the
condominium.
(2) May not change the appearance of the common elements
or the exterior appearance of a unit or any other portion of
the condominium without permission of the association.
(3) After acquiring an adjoining unit or an adjoining
part of an adjoining unit, may remove or alter any
intervening partition or create apertures therein, even if
the partition in whole or in part is a common element, if
those acts do not impair the structural integrity or
mechanical systems or lessen the support of any portion of
the condominium. Removal of partitions or creation of
apertures under this paragraph is not an alteration of
boundaries.
§ 3214. Relocation of boundaries between adjoining units.
(a) General rule.--Subject to the provisions of the
declaration and other provisions of law, the boundaries between
adjoining units may be relocated by an amendment to the
declaration upon application to the association by the owners of
those units. If the owners of the adjoining units have specified
a reallocation between their units of their common element
interests, votes in the association and common expense
liabilities, the application must state the proposed
reallocations. Unless the executive board determines, within 30
days, that the reallocations are unreasonable, the association
shall prepare an amendment that identifies the units involved,
states the reallocations, is executed by those unit owners,
contains words of conveyance between them and, upon recordation,
is indexed in the name of the grantor and the grantee.
(b) Preparing and recording plats or plans.--The association
shall prepare and record plats or plans necessary to show the
altered boundaries between adjoining units and their dimensions
and identifying numbers.
Cross References. Section 3214 is referred to in sections
3208, 3219 of this title.
§ 3215. Subdivision or conversion of units.
(a) General rule.--If the declaration expressly so permits,
a unit may be subdivided into two or more units or, in the case
of a unit owned by a declarant, may be subdivided or converted
into two or more units, common elements, or a combination of
units and common elements. Subject to the provisions of the
declaration and other provisions of law, upon application of a
unit owner to subdivide a unit or upon application of a
declarant to convert a unit the association shall prepare,
execute and record an amendment to the declaration, including
the plats and plans, subdividing or converting that unit.
(b) Execution and contents of amendment.--The amendment to
the declaration must be executed by the owner of the unit to be
subdivided, assign an identifying number to each unit created
and reallocate the common element interest, votes in the
association and common expense liability formerly allocated to
the subdivided unit to the new units in any reasonable manner
prescribed by the owner of the subdivided unit.
(c) Conversion of unit of declarant to common elements.--In
the case of a unit owned by a declarant, if a declarant converts
all of a unit to common elements, the amendment to the
declaration must reallocate among the other units the common
element interest, votes in the association and common expense
liability formerly allocated to the converted unit on a pro rata
basis, inter se.
(Dec. 18, 1992, P.L.1279, No.168, eff. 45 days)
Cross References. Section 3215 is referred to in sections
3103, 3205, 3208, 3210, 3219 of this title.
§ 3216. Easement for encroachments.
To the extent that any unit or common element encroaches on
any other unit or common element, a valid easement for the
encroachment exists. The easement does not relieve a unit owner
of liability in case of his willful misconduct nor relieve a
declarant or any contractor, subcontractor or materialman of
liability for failure to adhere to the plats and plans.
§ 3217. Declarant's offices, models and signs.
(a) Common elements.--A declarant may maintain offices and
models in the common element portion of the condominium only in
connection with the management, sale or rental of units owned by
the declarant in the condominium if the declaration so provides
and specifies the rights of a declarant with regard to the
number, size, location and relocation thereof. At such time as a
declarant ceases to be a unit owner, he ceases to have any
rights with regard to such portions of the common elements so
used unless such portions are removed promptly from the
condominium in accordance with a right to remove reserved in the
declaration. Upon the relocation of a model or office
constituting a common element, a declarant may remove all
personal property and fixtures therefrom. Any fixtures not so
removed shall be deemed common elements, and any personal
property not so removed shall be deemed the property of the
association.
(b) Signs.--Subject to any limitations in the declaration, a
declarant may maintain signs in his units and on the common
elements advertising units in the condominium owned by the
declarant for sale or lease.
(c) Units.--A declarant shall have the right to locate,
relocate and maintain offices and models used only in connection
with the management, sale or rental of units owned by the
declarant in the condominium in his unit or units in the
condominium, notwithstanding the fact that the declaration would
otherwise preclude use of units for such purpose, but subject to
all other provisions in the declaration, including, without
limitation, modification or elimination of declarant's rights
pursuant to this subsection by specific reference thereto.
(Dec. 18, 1992, P.L.1279, No.168, eff. 45 days)
Cross References. Section 3217 is referred to in sections
3103, 3304, 3414 of this title.
§ 3218. Easement to facilitate completion, conversion and
expansion.
(1) Subject to the provisions of the declaration, a
declarant has an easement through the common elements as may
be reasonably necessary for the purpose of discharging a
declarant's obligations or exercising special declarant
rights, however arising.
(2) Without affecting the rights, if any, of each unit
owner with respect to the use and enjoyment of the common
elements, subject to the provisions of the declaration, each
unit owner and its agents, contractors and invitees shall
have a nonexclusive access easement through the common
elements as may be reasonably necessary for the purpose of
construction, repair and renovation of the owner's unit. An
association shall have the power during spring thaw
conditions to restrict usage by vehicles of more than ten
tons gross weight if:
(i) the restrictions are imposed only on a week-by-
week basis for an aggregate period not to exceed eight
weeks during any calendar year;
(ii) the thaw conditions are reviewed by the
association at least weekly; and
(iii) signs are conspicuously posted by the
association at all entrances to the condominium advising
when and where the thaw restrictions are applicable.
(3) An association shall not have the power to impose
any fees or charges or required financial security, including
surety bonds, letters of credit or escrow deposits for the
use of the easement rights under this section except for the
repair of damage caused to common elements in the exercise of
the easement rights.
(4) The declarant or owner who exercises the easement
rights under this section, whether directly or indirectly
through an agent, servant, contractor or employee, shall have
the obligation to promptly return any portion of the common
elements damaged by the exercise by the declarant or owner or
its agent, servant, contractor or employee of the easement
under this section to the appearance, condition and function
in which it existed prior to the exercise of the easement or
to reimburse the association for all reasonable costs, fees
and expenses incurred by the association to return any
portion of the common elements so damaged to the appearance,
condition and function in which it existed prior to the
exercise of the easement.
(Dec. 18, 1992, P.L.1279, No.168, eff. 45 days; Nov. 30,
P.L.1509, No.191, eff. 60 days)
Cross References. Section 3218 is referred to in sections
3103, 3414 of this title.
§ 3219. Amendment of declaration.
(a) Number of votes required.--Except in cases of amendments
that may be executed by a declarant under section 3210(e) and
(f) (relating to plats and plans), 3211(a) (relating to
conversion and expansion of flexible condominiums) or 3212(a)
(relating to withdrawal of withdrawable real estate); the
association under subsection (f) or section 3107 (relating to
eminent domain), 3207(d) (relating to leasehold condominiums),
3209(c) (relating to limited common elements) or 3215(a)
(relating to subdivision or conversion of units); or certain
unit owners under section 3209(b) (relating to limited common
elements), 3214(a) (relating to relocation of boundaries between
adjoining units), 3215(b) (relating to subdivision or conversion
of units) or 3220(b) (relating to termination of condominium),
and except as limited by subsection (d) and section 3221
(relating to rights of secured lenders), the declaration,
including the plats and plans, may be amended only by vote or
agreement of unit owners of units to which at least 67% of the
votes in the association are allocated, or any larger majority
the declaration specifies. The declaration may specify a smaller
number only if all of the units are restricted exclusively to
nonresidential use.
(b) Limitation of action to challenge amendment.--No action
to challenge the validity of an amendment adopted by the
association pursuant to this section may be brought more than
one year after the amendment is recorded.
(c) Recording amendment.--Every amendment to the declaration
must be recorded in every county in which any portion of the
condominium is located in the same records as are maintained for
the recording of deeds of real property and shall be indexed in
the name of the condominium in both the grantor and grantee
index. An amendment is effective only upon recordation.
(d) When unanimous consent required.--Except to the extent
expressly permitted or required by other provisions of this
subpart, no amendment may create or increase special declarant
rights, increase the number of units or change the boundaries of
any unit, the common element interest, common expense liability
or voting strength in the association allocated to a unit, or
the uses to which any unit is restricted, in the absence of
unanimous consent of the unit owners.
(e) Officer authorized to execute amendment.--Amendments to
the declaration required by this subpart to be recorded by the
association shall be prepared, executed, recorded and certified
by any officer of the association designated for that purpose
or, in the absence of designation, by the president of the
association.
(f) Corrective amendments.--Except as otherwise provided in
the declaration, if any amendment to the declaration is
necessary in the judgment of the executive board to cure any
ambiguity or to correct or supplement any provision of the
declaration, including the plats and plans, that is defective,
missing or inconsistent with any other provision thereof or with
this subpart or if an amendment is necessary in the judgment of
the executive board to conform to the requirements of any agency
or entity that has established national or regional standards
with respect to loans secured by mortgages or deeds of trust on
units in condominium projects (such as the Federal National
Mortgage Association and the Federal Home Loan Mortgage
Corporation), to comply with any statute, regulation, code or
ordinance which may now or hereafter be made applicable to the
condominium or association, or to make a reasonable
accommodation or permit a reasonable modification in favor of
handicapped, as may be defined by prevailing Federal or State
laws or regulations applicable to the association, unit owners,
residents, tenants or employees, then, at any time and from time
to time, the executive board may at its discretion effect an
appropriate corrective amendment without the approval of the
unit owners or the holders of any liens on all or any part of
the condominium, upon receipt by the executive board of an
opinion from independent legal counsel to the effect that the
proposed amendment is permitted by the terms of this subsection.
(Dec. 18, 1992, P.L.1279, No.168, eff. 45 days; Nov. 30, 2004,
P.L.1509, No.191, eff. 60 days)
2004 Amendment. Act 191 amended subsecs. (a) and (f).
Cross References. Section 3219 is referred to in sections
3102, 3211, 3303 of this title.
§ 3220. Termination of condominium.
(a) Number of votes required.--Except in the case of a
taking of all the units by eminent domain (section 3107), a
condominium may be terminated only by agreement of unit owners
of units to which at least 80% of the votes in the association
are allocated, or any larger percentage the declaration
specifies. The declaration may specify a smaller percentage only
if all of the units in the condominium are restricted
exclusively to nonresidential uses.
(b) Execution and recording agreement and ratifications.--An
agreement of unit owners to terminate a condominium must be
evidenced by their execution of a termination agreement or
ratifications thereof, in the same manner as a deed, by the
requisite number of unit owners who are owners of record as of
the date preceding the date of recordation of the termination
agreement. The termination agreement must specify the date it
was first executed or ratified by a unit owner. The termination
agreement will become null and void unless it is recorded on or
before the earlier of:
(1) The expiration of one year from the date it was
first executed or ratified by a unit owner.
(2) Such date as shall be specified in the termination
agreement.
If, pursuant to a termination agreement, the real estate
constituting the condominium is to be sold following
termination, the termination agreement must set forth the terms
of the sale. A termination agreement and all ratifications
thereof must be recorded in every county in which a portion of
the condominium is located in the same records as are maintained
for the recording of deeds of real property and shall be indexed
in the name of the condominium in both the grantor index and the
grantee index. A termination agreement is effective only upon
recordation.
(c) Status if real estate sold.--The association, on behalf
of the unit owners, may contract for the sale of the
condominium, but the contract is not binding on the unit owners
until approved pursuant to subsections (a) and (b). If the real
estate constituting the condominium is to be sold following
termination, title to that real estate, upon termination, vests
in the association as trustee for the holders of all interests
in the units. Thereafter, the association has all powers
necessary and appropriate to effect the sale. Until the sale has
been concluded and the proceeds thereof distributed, the
association continues in existence with all powers it had before
termination. Proceeds of the sale must be distributed to unit
owners and lienholders as their interests may appear, in
proportion to the respective interests of unit owners as
provided in subsection (f). Unless otherwise specified in the
termination agreement, as long as the association holds title to
the real estate, each unit owner and his successors in interest
have an exclusive right to occupancy of the portion of the real
estate that formerly constituted his unit. During the period of
that occupancy, each unit owner and his successors in interest
remain liable for all assessments and other obligations imposed
on unit owners by this subpart or the declaration.
(d) Status if real estate not sold.--If the real estate
constituting the condominium is not to be sold following
termination, title to the real estate, upon termination, vests
in the unit owners as tenants in common in proportion to their
respective interests as provided in subsection (f) and liens on
the units shift accordingly. While the tenancy in common exists,
each unit owner and his successors in interest have an exclusive
right to occupancy of the portion of the real estate that
formerly constituted his unit.
(e) Distribution of assets of association.--Following
termination of the condominium, the proceeds of any sale of real
estate, together with the assets of the association, shall be
held by the association as trustee or unit owners and holders of
liens on the units as their interests may appear. Following
termination, creditors of the association holding liens on the
units which were recorded, filed of public record or otherwise
perfected before termination may enforce those liens in the same
manner as any lienholder. All other creditors of the association
are to be treated as if they had perfected liens on the units
immediately before termination.
(f) Respective interests of unit owners.--The respective
interests of unit owners referred to in subsections (c), (d) and
(e) are as follows:
(1) Except as provided in paragraph (2), the respective
interests of unit owners are the fair market values of their
units, limited common elements and common element interests
immediately before the termination, as determined by one or
more independent appraisers selected by the association. The
decision of the independent appraisers shall be distributed
to the unit owners and becomes final unless disapproved
within 30 days after distribution by unit owners of units to
which 25% of the votes in the association are allocated. The
proportion of any unit owner's interest to that of all unit
owners is determined by dividing the fair market value of
that unit owner's unit and common element interest by the
total fair market values of all the units and common
elements.
(2) If any unit or any limited common element is
destroyed to the extent that an appraisal of the fair market
value thereof prior to destruction cannot be made, the
interests of all unit owners are their respective common
element interests immediately before the termination.
(g) Effect of foreclosure or enforcement of lien.--Except as
provided in subsection (h), foreclosure or enforcement of a lien
or encumbrance against the entire condominium does not of itself
terminate the condominium, and foreclosure or enforcement of a
lien or encumbrance against a portion of the condominium, other
than withdrawable real estate, does not withdraw that portion
from the condominium. Foreclosure or enforcement of a lien or
encumbrance against withdrawable real estate does not of itself
withdraw that real estate from the condominium but the person
taking title thereto has the right to require from the
association, upon request, an amendment excluding the real
estate from the condominium.
(h) Exclusion from condominium upon foreclosure.--If a lien
or encumbrance against a portion of the real estate comprising
the condominium has priority over the declaration and if the
lien or encumbrance has not been partially released, the parties
foreclosing the lien or encumbrance may, upon foreclosure,
record an instrument excluding the real estate subject to that
lien or encumbrance from the condominium.
(i) Ineffectiveness of termination provision.--In the case
of a declaration that contains no provision expressly providing
for a means of terminating the condominium other than a
provision providing for a self-executing termination upon a
specific date or upon the expiration of a specific time period,
such termination provision shall be deemed ineffective if no
earlier than five years before the date the condominium would
otherwise be terminated owners of units to which at least 80% of
the votes in the condominium are allocated vote that the self-
executing termination provision shall be annulled, in which
event the self-executing termination provision shall have no
force or effect.
(Dec. 18, 1992, P.L.1279, No.168, eff. 45 days; Nov. 30, 2004,
P.L.1509, No.191, eff. 60 days)
2004 Amendment. Act 191 added subsec. (i).
Cross References. Section 3220 is referred to in sections
3102, 3219, 3301, 3303, 3312 of this title.
§ 3221. Rights of secured lenders.
(a) Secured lender approval.--The declaration may require
that all or a specified number or percentage of the mortgagees
or beneficiaries of deeds of trust encumbering the units approve
specified actions of the unit owners or the association as a
condition to the effectiveness of those actions but no
requirement for approval may operate to:
(1) deny or delegate control over the general
administrative affairs of the association by the unit owners
or the executive board; or
(2) prevent the association or the executive board from
commencing, intervening in or settling any litigation or
proceeding or receiving and distributing any insurance
proceeds pursuant to section 3312 (relating to insurance).
(b) Secured lender approval procedures.--If the declaration
requires mortgagees or beneficiaries of deeds of trust
encumbering the units to approve specified actions of the unit
owners or the association as a condition to the effectiveness of
those actions, then the executive board will provide the lender
with written notice of the specified action proposed to be
taken, together with a request for the secured lender to approve
or disapprove the actions specified. If the notice to the
secured lender, issued in accordance with the procedures set
forth in this subsection, states that the secured lender will be
deemed to have approved the actions specified in the written
notice if it does not respond to the request within 45 days and
the secured lender does not respond in writing within 45 days,
then the secured lender will be deemed for all purposes to have
approved the actions specified in the notice. Written notice to
the secured lender shall be given by certified, registered or
first-class mail, as evidenced by United States Postal Service
certificate of mailing, postage prepaid, at the address provided
by the secured lender or, in the absence thereof, at the address
of the secured lender endorsed on any mortgage or deed of trust
of record and at the address to which the unit owner mails any
periodic payment paid to the secured lender. The notice to the
secured lender shall include a statement of the specified action
and a copy of the full text of any proposed amendment and a form
prepared by the association upon which the secured lender may
indicate its approval or rejection of the specified action or
amendment.
(Dec. 18, 1992, P.L.1279, No.168, eff. 45 days; Nov. 30, 2004,
P.L.1509, No.191, eff. 60 days)
Cross References. Section 3221 is referred to in section
3219 of this title.
§ 3222. Master associations.
(a) Applicability of section.--If the declaration for a
condominium provides that any of the powers described in section
3302 (relating to powers of unit owners' association) with
respect to the condominium are to be exercised by or may be
delegated to a profit or nonprofit corporation or unincorporated
association (a "master association") which exercises those or
other powers on behalf of one or more other condominiums or
other incorporated or unincorporated associations, then, except
as modified by this section, all provisions of this subpart
applicable to unit owners' associations shall apply to any such
master association insofar as its actions affect the
condominium.
(b) Powers.--Unless a master association is acting in the
capacity of an association described in section 3301 (relating
to organization of unit owners' association) with respect to a
condominium which is part of the master association, it may
exercise with respect to the condominium only such powers set
forth in section 3302 and only to the extent expressly permitted
in the declaration of condominium which provides for the
delegation of powers from its condominium association to the
master association and accepted by such master association as
indicated in the provisions of the declaration or other
organizational documents of such master association.
(c) Liability of executive board members and officers.--If
the declaration of a condominium provides that the executive
board may delegate certain powers to a master association, the
members of the executive board have no liability for the acts or
omissions of the master association with respect to those powers
following such delegation. The officers and members of the
governing board of the master association are subject to
liability to the condominium association whose powers are
delegated thereto and the unit owners of such condominium on the
same basis as officers and executive board members of such
condominium immediately before such delegation of powers.
(d) Rights and responsibilities of persons electing
governing body.--The rights and responsibilities of unit owners
with respect to the unit owners' association set forth in
sections 3303 (relating to executive board members and
officers), 3308 (relating to meetings), 3309 (relating to
quorums), 3310 (relating to voting; proxies) and 3320 (relating
to declarant delivery of items to association) apply in the
conduct of the affairs of a master association with respect to
the exercise of powers delegated pursuant to a condominium
declaration to such master association, but apply only to those
persons who elect the governing body of a master association,
whether or not those persons are otherwise unit owners within
the meaning of this subpart.
(e) Election of master association governing body.--
Notwithstanding the provisions of section 3303(e) with respect
to the election of the executive board by all unit owners after
the period of declarant control ends and even if a master
association is also an association described in section 3301,
the instrument creating the master association and the
declaration of each condominium or the organizational documents
of other associations the powers of which are assigned pursuant
to the declaration or organizational documents or delegated to
the master association shall provide that the governing body of
the master association must be elected after the period of
declarant control in any of the following ways:
(1) All unit owners of all condominiums and other
properties subject to the master association elect all
members of the governing body of the master association.
(2) All members of the governing bodies of the
condominium associations and other property owners'
associations subject to the master association elect all
members of the master association governing body.
(3) All unit owners of each condominium and other
property owners' associations subject to the master
association elect specified members of the master association
governing body.
(4) All members of the governing bodies of the
condominiums and other property associations subject to the
master association elect specified members of the master
association governing body.
(f) Delegation of responsibility and authority.--The
provisions of this section shall apply to a condominium if and
when:
(1) there occurs either a date specified in the
declaration or any amendment thereto from and after which
this section shall apply to the condominium;
(2) there occurs an event or action that the declaration
or any amendment thereto states shall cause this section to
become applicable, and the association causes to be recorded
an instrument duly executed by the president of the
association stating that:
(i) such event or action has occurred and the date
of such occurrence, thereby causing this section to
become applicable to the condominium; and
(ii) that a copy of such instrument has been sent to
all unit owners; or
(3) the declarant executes and records an instrument
stating that this section shall thereafter apply to the
condominium and that a copy of such instrument has been sent
to the executive board and all unit owners.
Paragraph (3) shall be applicable only if the declarant shall
have expressly reserved in the declaration, pursuant to section
3205(12) (relating to contents of declaration; all
condominiums), the special declarant right to make this section
applicable to the condominium and only if the instrument
exercising such right shall have been recorded during the time
period allowed for the exercise of such right.
(g) Delegation of all powers.--If all the powers of a
condominium association are delegated to a master association
and accepted by such master association pursuant to subsection
(b), then the governing body of the master association may act
in all respects as the executive board of the condominium and no
separate executive board need be elected or exist.
(Dec. 18, 1992, P.L.1279, No.168, eff. 45 days)
1992 Amendment. Act 168 added section 3222.
Cross References. Section 3222 is referred to in sections
3102, 3103, 3205, 3302 of this title.
§ 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.
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