2010 Pennsylvania Code
Title 68 - REAL AND PERSONAL PROPERTY
Chapter 51 - General Provisions
5103 - Definitions.

     § 5103.  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
     planned community.
        "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
            interest in 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
            employer 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
            interest in 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.
        "Allocated interests."  The common expense liability and
     votes in the association allocated to each unit.
        "Association" or "unit owners' association."  The unit owners
     association organized under section 5301 (relating to
     organization of unit owners' association).
        "Common elements."  Common facilities or controlled
     facilities.
        "Common expense liability."  The liability for common
     expenses allocated to each unit under section 5208 (relating to
     allocation of votes and common expense liabilities).
        "Common expenses."  Expenditures made by or financial
     liabilities of the association, together with any allocations to
     reserves. The term includes general common expenses and limited
     common expenses.
        "Common facilities."  Any real estate within a planned
     community which is owned by the association or leased to the
     association. The term does not include a unit.
        "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 portions of the real estate designated for common
     ownership are vested in the unit owners.
        "Controlled facilities."  Any real estate within a planned
     community, whether or not a part of a unit, that is not a common
     facility but is maintained, improved, repaired, replaced,
     regulated, managed, insured or controlled by the association.
        "Conversion building."  A building that, at any time before
     the conversion notice date with respect to the planned community
     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 and subtenants by the terms of section 5410(a) (relating
     to planned communities 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 is delivered to the unit leased by the
     recipient, in the case of hand-delivered notices.
        "Convertible real estate."  A portion of a flexible planned
     community not within a building containing a unit, within which
     additional units, limited common facilities or limited
     controlled facilities or any combination thereof may be created.
        "Cooperative."  Real estate owned by a corporation, trust,
     trustee, partnership or unincorporated association, if the
     governing instruments of that organization provide that each of
     the organization's members, partners, stockholders or
     beneficiaries is entitled to exclusive occupancy of a designated
     portion of that real estate.
        "Declarant."
            (1)  If a planned community has been created, the term
        means any of the following:
                (i)  Any person who has executed a declaration or an
            amendment to a declaration to add additional real estate.
            This subparagraph excludes a person holding interest in
            the real estate solely as security for an obligation; a
            person whose interest in the real estate will not be
            conveyed to unit owners; and, in the case of a leasehold
            planned community, a lessor who possesses no special
            declarant rights and who is not an affiliate of a
            declarant who possesses special declarant rights.
                (ii)  A person who succeeds under section 5304
            (relating to transfer of special declarant rights) to any
            special declarant rights.
            (2)  If the planned community has not yet been created,
        the term means any person who offers to dispose of or
        disposes of the person's 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, the term means the beneficiary of the trust.
        "Declaration."  Any instrument, however denominated, that
     creates a planned community and any amendment to that
     instrument.
        "Development rights."  Any right or combination of rights
     reserved by a declarant in the declaration:
            (1)  to add real estate to a planned community;
            (2)  to create units, common facilities, limited common
        facilities, controlled facilities or limited controlled
        facilities within a planned community;
            (3)  to subdivide units to convert units into common
        facilities or controlled facilities; or
            (4)  to withdraw real estate from a planned community.
        "Disposition."  A voluntary transfer to a purchaser of any
     legal or equitable interest in a unit or a proposed unit. The
     term does not include the transfer or release of a security
     interest.
        "Executive board."  The body, regardless of name, designated
     in the declaration to act on behalf of the association.
        "Flexible planned community."  A planned community containing
     withdrawable or convertible real estate or a planned community
     to which additional real estate may be added or a combination
     thereof.
        "General common expenses."  All common expenses other than
     limited common expenses.
        "Identifying number."  A symbol or address that identifies
     only one unit in a planned community.
        "Installment sale contract."  An executory contract for the
     purchase and sale of a unit or interest in a unit under which
     the purchaser is obligated to make more than five installment
     payments to the seller after execution of the contract and
     before the time appointed for the conveyance of title to the
     unit or interest in the unit.
        "Interval estate."  A combination of:
            (1)  an estate for years in a unit, during the term of
        which title to the unit rotates among the time-share owners
        thereof, vesting in each of them in turn for periods
        established by a fixed recorded schedule, with the series
        thus established recurring regularly until the term expires;
        coupled with
            (2)  a vested undivided fee simple interest in the
        remainder in that unit, the magnitude of that interest having
        been established by the declaration or by the deed creating
        the interval estate.
        "Leasehold planned community."  A planned community in which
     all or a portion of the real estate is subject to a lease the
     expiration or termination of which will terminate the planned
     community or reduce its size.
        "Limited common element."  A limited common facility or a
     limited controlled facility.
        "Limited common expenses."  All expenses identified as such
     under section 5314(c) (relating to assessments for common
     expenses).
        "Limited common facility."  A portion of the common
     facilities allocated by or pursuant to the declaration or by the
     operation of section 5202(2) or (3) (relating to unit
     boundaries) for the exclusive use of one or more but fewer than
     all of the units.
        "Limited controlled facility."  A portion of the controlled
     facilities, other than controlled facilities which are
     themselves part of a unit, allocated by or pursuant to the
     declaration or by operation of section 5202(2) or (3) (relating
     to unit boundaries) for the exclusive use of one or more but
     fewer than all of the units.
        "Master association."  An organization described in section
     5222 (relating to master associations), whether or not it is
     also an association described in section 5301 (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. The
     term does not include an advertisement in a newspaper or other
     periodical of general circulation or in a broadcast medium to
     the general public of a planned community not located in this
     Commonwealth if the advertisement states that an offer or
     offering may be made only in compliance with the law of the
     jurisdiction in which the planned community 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 the 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.
        "Planned community."  Real estate with respect to which a
     person, by virtue of ownership of an interest in any portion of
     the real estate, is or may become obligated by covenant,
     easement or agreement imposed on the owner's interest to pay any
     amount for real property taxes, insurance, maintenance, repair,
     improvement, management, administration or regulation of any
     part of the real estate other than the portion or interest owned
     solely by the person. The term excludes a cooperative and a
     condominium, but a condominium or cooperative may be part of a
     planned community. For purposes of this definition, "ownership"
     includes holding a leasehold interest of more than 20 years,
     including renewal options, in real estate. The term includes
     nonresidential campground communities.
        "Purchaser."  A person other than a declarant who, by means
     of a disposition, acquires a legal or equitable interest in a
     unit, other than either a leasehold interest of less than 20
     years, including renewal options, or as security for an
     obligation. The term includes a person who will become a unit
     owner in a leasehold planned community upon consummation of the
     disposition.
        "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. The term includes
     parcels with or without upper or lower boundaries and spaces
     that may be filled with air or water.
        "Residential purposes."  Use for dwelling or recreational
     purposes, or both.
        "Residential subtenant."  An individual lawfully occupying
     real estate for residential purposes under a sublease.
        "Residential tenant."  An individual lawfully occupying real
     estate for residential purposes under a lease.
        "Special declarant rights."  Rights reserved for the benefit
     of a declarant to:
            (1)  complete improvements indicated on plats and plans
        filed with the declaration under section 5210 (relating to
        plats and plans);
            (2)  convert convertible real estate in a flexible
        planned community under section 5211 (relating to conversion
        and expansion of flexible planned communities);
            (3)  add additional real estate to a flexible planned
        community under section 5211;
            (4)  withdraw withdrawable real estate from a flexible
        planned community under section 5212 (relating to withdrawal
        of withdrawable real estate);
            (5)  convert a unit into two or more units, common
        facilities or controlled facilities or into two or more units
        and common facilities or controlled facilities;
            (6)  maintain offices, signs and models under section
        5217 (relating to declarant offices, models and signs);
            (7)  use easements through the common facilities or
        controlled facilities for the purpose of making improvement
        within the planned community or within any convertible or
        additional real estate under section 5218 (relating to
        easement to facilitate completion, conversion and expansion);
            (8)  cause the planned community to be merged or
        consolidated with another planned community under section
        5223 (relating to merger or consolidation of planned
        community);
            (9)  make the planned community part of a larger planned
        community or group of planned communities under sections 5222
        (relating to master associations) and 5223 (relating to
        merger or consolidation of planned community);
            (10)  make the planned community subject to a master
        association under section 5222 (relating to master
        associations); or
            (11)  appoint or remove an officer of the association or
        a master association or an executive board member during any
        period of declarant control under section 5303 (relating to
        executive board members and officers).
        "Structural defects."  As used in section 5411 (relating to
     warranty against structural defects), the term means defects in
     any structure which is a component of:
            (1)  any unit or common element; or
            (2)  any other portion of a unit or common element
        constructed, modified, altered or improved by or on behalf of
        a declarant;
     any of which reduce the stability or safety of the structure
     below accepted standards or restrict the normal intended use of
     the structure and require repair, renovation, restoration or
     replacement.
        "Time-share estate."  An interval estate or a time-span
     estate.
        "Time-span estate."  A combination of:
            (1)  an undivided interest in a present estate in fee
        simple in a unit, the magnitude of that interest having been
        established by the declaration or by the deed conveying the
        time-span estate; coupled with
            (2)  the exclusive right to possession and occupancy of
        that unit during a regularly recurring period designated by
        the deed or by a recorded document referred to in the deed.
        "Unit."  A physical portion of the planned community
     designated for separate ownership or occupancy, the boundaries
     of which are described pursuant to section 5205(5) (relating to
     contents of declaration; all planned communities) and a portion
     of which may be designated by the declaration as part of the
     controlled facilities.
        "Unit owner."  A declarant or other person who owns a unit or
     a lessee of a unit in a leasehold planned community whose lease
     expires simultaneously with a lease the expiration or
     termination of which will remove the unit from the planned
     community. The term 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 planned community.
     (Mar. 24, 1998, P.L.206, No.37, eff. 60 days)

        1998 Amendment.  Act 37 amended the defs. of "special
     declarant rights" and "structural defects."
        Cross References.  Section 5103 is referred to in section
     5102.