2010 Pennsylvania Code
Title 68 - REAL AND PERSONAL PROPERTY
Chapter 52 - Creation, Alteration and Termination of Planned Communities
5205 - Contents of declaration; all planned communities.

     § 5205.  Contents of declaration; all planned communities.
        The declaration for a planned community must contain:
            (1)  The name of the planned community, which must
        include the words "planned community" or be followed by the
        words "a planned community."
            (2)  The name of every county in which any part of the
        planned community is situated.
            (3)  A legally sufficient description of the real estate
        included in the planned community.
            (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 5215 (relating to
        subdivision or conversion of units).
            (6)  A description of any controlled facilities and the
        obligations of the association for the maintenance,
        improvement, repair, replacement, regulation, management,
        insurance or control of the controlled facilities.
            (7)  A description of any limited common facilities and
        any limited controlled facilities as provided in section 5209
        (relating to limited common elements) and limited common
        expenses, if any, and how they are assessed.
            (8)  A description of any common facilities and
        controlled facilities not within the boundaries of any
        convertible real estate which may be allocated subsequently
        as limited common facilities or limited controlled
        facilities, with a statement that they may be so allocated
        and a description of the method by which the allocations are
        to be made.
            (9)  An allocation to each unit of a portion of the votes
        in the association and a percentage or fraction of the common
        expenses of the association in section 5208 (relating to
        allocation of votes and common expense liabilities).
            (10)  Any restrictions created by the declarant on use,
        occupancy and alienation of the units and any easement or
        license rights that unit owners are to have with respect to
        the use or enjoyment of any of the common elements and that
        are not contained in other documents which are recorded.
            (11)  The recording data for recorded easements and
        licenses appurtenant to or included in the planned community
        or to which any portion of the planned community is or may
        become subject.
            (12)  If all or any of the units are or may be owned in
        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 planned community, it being intended that
        time-share estates shall not be permitted except if and to
        the extent expressly authorized by the declaration.
            (13)  If the declarant wishes to retain the special
        declarant right to cause section 5222 (relating to master
        associations) to become applicable to a planned community,
        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 the option reserved under subparagraph (i) will
            lapse, together with and 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 5222.
            (14)  If the declarant wishes to retain the special
        declarant right to merge or consolidate the planned community
        pursuant to section 5223 (relating to merger or consolidation
        of planned community), then all of the following:
                (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 planned community that may be subject to such a
            merger or consolidation. If such other planned
            communities do not exist, then the declaration shall
            include the following:
                    (A)  A statement of the extent to which the
                interest in the association, relative voting strength
                in the association and share of common expense
                liability of each unit in the planned community 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 that is part of any other
                planned communities with which the planned community
                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 planned communities 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
                    planned communities are merged or consolidated
                    with the planned community, all or any of such
                    planned communities must be merged or
                    consolidated.
                    (D)  A statement of:
                        (I)  the maximum number of units that may be
                    created within the other planned communities, the
                    boundaries of which are fixed under 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 planned
                    communities, the boundaries of which are not
                    fixed under clause (C).
                    (E)  If any of the units that may be built within
                any of the other planned communities are not to be
                restricted exclusively to residential use, a
                statement with respect to each other planned
                community of the maximum percentage of the real
                estate areas and the maximum percentage of the floor
                areas of all units that may be created in the planned
                community 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 the other
                planned communities will be compatible with the other
                buildings and units in the planned community 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 of
                the other planned communities 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 the other planned communities
                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 the other planned communities or a
                statement that no assurances are made in that regard.
                    (J)  A statement that any limited common elements
                created within any other planned communities will be
                of the same general types and sizes as those within
                the planned community, 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 the other
                planned communities will be approximately equal to
                the proportion existing within the planned community,
                a statement of any assurances in that regard or a
                statement that no assurances are made in that regard.
                    (L)  A statement of whether and to what extent
                assurances made in the declaration regarding the
                other planned communities under clauses (C) through
                (K) apply if the other planned communities are not
                merged or consolidated with the planned community.
                (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 the right to merge or to
            consolidate is exercised.
            (15)  If a declarant wishes to retain the right to
        subject any portion of the planned community to an easement
        or license in favor of any real estate not included in the
        planned community or in favor of any person who is not an
        owner or occupant of a unit in the planned community, then an
        explicit reservation and description of such right and a
        description of the effects on the association and the unit
        owners of the easement or license, including, without
        limitation, any impact on the budget of the association.
            (16)  If a declarant wishes to retain the right to
        designate as a common facility any portion of a planned
        community or any improvement or facility then existing or
        contemplated for a planned community, then all of the
        following:
                (i)  An explicit reservation of such right and an
            identification and description of the portion of the
            planned community, improvement or facility.
                (ii)  A statement of when any portion of a planned
            community, improvement or facility will become a common
            facility and that the portion will be conveyed or leased
            to the association by the declarant or a successor to the
            interest of the declarant in the portion by the later of
            the date of conveyance or lease by the declarant of the
            last unit the declarant reserves the right to include in
            the planned community or the date of expiration of the
            rights under section 5211 (relating to conversion and
            expansion of flexible planned communities).
                (iii)  A statement that the obligation of the
            declarant to convey or lease to the association a portion
            of the planned community, improvement or facility shall
            be binding on the declarant and any successor in interest
            of the declarant in the portion whether or not the
            successor succeeds to any special declarant right.
                (iv)  A statement of who will own the portion of the
            planned community, improvement or facility before a
            conveyance or lease to the association.
                (v)  A description of the procedure to be followed by
            the declarant and the association for the conveyance or
            lease to the association.
                (vi)  A statement that the portion of the planned
            community, improvement or facility will be conveyed or
            leased to the association for no consideration or, if
            additional consideration is to be given by the
            association for the conveyance, a description of the
            consideration and a description of the effects on the
            association and each unit owner of the association
            providing the consideration, including the impact on the
            budget of the association and common expense or other
            liabilities of the unit owners.
                (vii)  A description of the effect of the conveyance
            or lease to the association of the portion of the planned
            community, improvement or facility on the expenses and
            budget of the association and the common expense
            liability of the unit owners.
                (viii)  A statement that no conveyance or lease to
            the association of any portion of the planned community,
            improvement or facility shall occur until the portion has
            been completed unless a third-party guarantee, bond,
            escrow, letter of credit or other mechanism assuring
            completion has been provided by the declarant, in
            addition to the declarant's own guarantee of completion,
            for the benefit of the association and a statement that
            the third-party mechanism and the declarant's own
            guarantee shall not expire until completion of the
            portion of the planned community, improvement or
            facility.
                (ix)  As to any uncompleted improvement or facility
            that may become a common facility:
                    (A)  a statement of the time for completion of
                such improvement or facility;
                    (B)  a statement that a declarant is required to
                complete such improvement or facility by the later of
                the date of the conveyance or lease by the declarant
                of the last unit the declarant reserves the right to
                include in the planned community or the date of the
                expiration of the rights under section 5211;
                    (C)  a statement that, until the facility or
                improvement is completed, the declarant shall be
                solely responsible for real estate taxes assessed
                against or allocable to the improvement or facility
                and for all other expenses in connection with the
                improvement or facility; and
                    (D)  a description of any third-party guarantee,
                bond, escrow, letter of credit or other mechanism
                that the declarant shall provide, in addition to the
                declarant's own guarantee of completion, to assure,
                for the benefit of the association, completion of the
                improvement or facility and a statement of the time
                limit, if any, of the term of such third-party
                guarantee, bond, escrow, letter of credit or other
                mechanism or, if no such mechanism is to be provided
                by the declarant, an explicit statement that no
                third-party guarantee, bond, escrow, letter of credit
                or other mechanism shall be provided by the
                declarant, and only the declarant's own guarantee
                shall be provided to assure completion of the
                improvement or facility.
                (x)  A statement that any portion of the planned
            community, an improvement or facility will be deemed to
            be completed upon the recording of a certificate executed
            by an independent registered surveyor, architect or
            professional engineer stating that the portion of the
            planned community, improvement or facility is
            substantially completed in accordance with the
            descriptions set forth in the declaration, the plats and
            plans and the public offering statement and so as to
            permit the use of such portion of the planned community,
            improvement or facility for its intended use.
            (17)  Any other matters the declarant deems appropriate.
     (Mar. 24, 1998, P.L.206, No.37, eff. 60 days)

        1998 Amendment.  Act 37 amended par. (16).
        Cross References.  Section 5205 is referred to in sections
     5102, 5103, 5206, 5209, 5211, 5222, 5223, 5402, 5407, 5414 of
     this title.