2010 Pennsylvania Code
Title 68 - REAL AND PERSONAL PROPERTY
Chapter 52 - Creation, Alteration and Termination of Planned Communities
5212 - Withdrawal of withdrawable real estate.

     § 5212.  Withdrawal of withdrawable real estate.
        (a)  General rule.--To withdraw withdrawable real estate from
     a flexible planned community pursuant to an option reserved
     under section 5206 (relating to contents of declaration for
     flexible planned communities), 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     withdrawn and stating the fact of withdrawal.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 votes in the association and common expense
     liabilities to the remaining units in the planned community in
     proportion to the respective votes and liabilities of those
     units before the withdrawal. The reallocation is effective when
     the amendment is recorded.
        (b)  When withdrawal prohibited.--If a portion of a planned
     community was described under section 5206, 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     be withdrawn if any person other than the declarant owns a unit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 planned
     community 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 inure to the
     declarant.

        Cross References.  Section 5212 is referred to in sections
     5103, 5208, 5219, 5414 of this title.