2010 Pennsylvania Code
Title 68 - REAL AND PERSONAL PROPERTY
Chapter 52 - Creation, Alteration and Termination of Planned Communities
5206 - Contents of declaration for flexible planned communities.

     § 5206.  Contents of declaration for flexible planned
                communities.
        The declaration for a flexible planned community shall
     include, in addition to the matters specified in section 5205
     (relating to contents of declaration; all planned communities),
     all of the following:
            (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 planned community.
            (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 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 by operation of law, or a statement that there
        are no such limitations.
            (4)  A statement of the extent to which the interest in
        the association, relative voting strength in the association
        and share of common expenses liability of each unit in the
        planned community 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        withdrawable real estate may be converted, added or withdrawn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)  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            converted, added or withdrawn or a statement that no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 under paragraph (6);
                (ii)  how many of those units will be restricted
            exclusively to residential use; and
                (iii)  the maximum number of units per specified
            volume of space that may be created within any portions
            the boundaries of which are not fixed under paragraph
            (6).
            (8)  If any of the units that may be created 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 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
        and convertible real estate 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.
            (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 planned community, 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 planned community, 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 under paragraphs (6) through (14) apply if any
        additional real estate is not added to or any withdrawable
        land is withdrawn from the planned community or a statement
        that those assurances do not apply if the real estate is not
        added to or withdrawn from the planned community.
     (Mar. 24, 1998, P.L.206, No.37, eff. 60 days)

        1998 Amendment.  Act 37 amended pars. (4) and (8).
        Cross References.  Section 5206 is referred to in sections
     5102, 5211, 5212, 5402 of this title.