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Definitions - 68 Pa. Cons. Stat. § 3103Legal Research Home > Pennsylvania Statutes Sponsored Links
§ 3103. 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
flexible condominium.
"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 interests of 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
employee 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 interests of 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.
"Association" or "unit owners' association." The unit
owners' association organized under section 3301 (relating to
organization of unit owners' association).
"Common elements." All portions of a condominium other than
the units.
"Common expenses." Expenditures made or liabilities incurred
by or on behalf of the association, together with any
allocations to reserves, including general common expenses and
limited common expenses.
"Common expense liability." The liability for common
expenses allocated to each unit pursuant to section 3208
(relating to allocation of common element interests, votes and
common expense liabilities).
"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 common elements are vested in the unit owners.
"Conversion building." A building that, at any time before
the conversion notice date with respect to the condominium 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 or subtenants by the terms of section 3410(a) (relating
to condominiums 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 delivered to the unit leased by the
recipient, in the case of hand-delivered notices.
"Convertible real estate." A portion of a flexible
condominium not within a building containing a unit, within
which additional units or limited common elements, or both, may
be created.
"Declarant."
(1) If the condominium has been created, "declarant"
means:
(i) any person who has executed a declaration, or an
amendment to a declaration to add additional real estate,
other than persons holding interests in the real estate
solely as security for an obligation, persons whose
interests in the real estate will not be conveyed to unit
owners, or, in the case of a leasehold condominium, a
lessor who possesses no special declarant rights and who
is not an affiliate of a declarant who possesses special
declarant rights; or
(ii) any person who succeeds under section 3304
(relating to transfer of special declarant rights) to any
special declarant rights.
(2) If the condominium has not yet been created,
"declarant" means any person who offers to dispose of or
disposes of his 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, "declarant" means the beneficiary of the trust.
"Dispose" or "disposition." A voluntary transfer of any
legal or equitable interest in a unit or a proposed unit, other
than as security for an obligation.
"Executive board." The body, regardless of name, designated
in the declaration to act on behalf of the association.
"Flexible condominium." A condominium containing
withdrawable or convertible real estate, a condominium to which
additional real estate may be added, or a combination thereof.
"Identifying number." A symbol that identifies only one unit
in a condominium.
"Installment sales contract." An executory contract for the
purchase and sale of a unit or interest in a unit whereby the
purchaser is obligated to make six or more installment payments
to the seller after the execution of the contract and before the
time appointed for the conveyance of title to the unit or
interest in the unit.
"Leasehold condominium." A condominium in which all or a
portion of the real estate is subject to a lease the expiration
or termination of which will terminate the condominium or reduce
its size.
"Limited common element." A portion of the common elements
allocated by or pursuant to the declaration or by operation of
section 3202(2) or (4) (relating to unit boundaries) for the
exclusive use of one or more but fewer than all of the units.
"Limited common expenses." All expenses identified as such
pursuant to section 3314(c) (relating to assessments for common
expenses).
"Master association." An organization described in section
3222 (relating to master associations), whether or not it is an
association described in section 3301 (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. An
advertisement in a newspaper or other periodical of general
circulation, or in any broadcast medium to the general public,
of a condominium not located in this Commonwealth, is not an
offer or offering if the advertisement states that an offer or
offering may be made only in compliance with the law of the
jurisdiction in which the condominium 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 such 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.
"Purchaser." Any person, other than a declarant, who by
means of a disposition acquires a legal or equitable interest in
a unit, other than:
(1) a leasehold interest (including renewal options) of
less than 20 years, but a person who will become a unit owner
in a leasehold condominium upon consummation of the
disposition shall be deemed to be a purchaser; or
(2) as security for an obligation.
"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. "Real estate"
includes parcels with or without upper or lower boundaries, and
spaces that may be filled with air or water.
"Residential tenant" or "residential subtenant." A tenant or
subtenant, respectively, who is a natural person lawfully
occupying real estate for residential use.
"Special declarant rights." Rights reserved for the benefit
of a declarant to:
(1) Complete improvements indicated on plats and plans
filed with the declaration (section 3210).
(2) Convert convertible real estate in a flexible
condominium (section 3211).
(3) Add additional real estate to a flexible condominium
(section 3211).
(4) Withdraw withdrawable real estate from a flexible
condominium (section 3212).
(5) Convert a unit into two or more units, common
elements, or into two or more units and common elements
(section 3215).
(6) Maintain offices, signs and models (section 3217).
(7) Use easements through the common elements for the
purpose of making improvements within the condominium or
within any convertible or additional real estate (section
3218).
(8) Cause the condominium to be merged or consolidated
with another condominium (section 3223).
(9) Make the condominium subject to a master association
(section 3222).
(10) Appoint or remove any officer of the association or
any master association or any executive board member during
any period of declarant control (section 3303(c)).
"Unit." A portion of the condominium designated for separate
ownership, the boundaries of which are described pursuant to
section 3205(4) (relating to contents of declaration; all
condominiums).
"Unit owner." A declarant who owns a unit, a person to whom
ownership of a unit has been conveyed, or a lessee of a unit in
a leasehold condominium whose lease expires simultaneously with
any lease the expiration or termination of which will remove the
unit from the condominium. "Unit owner" 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 condominium.
(Dec. 18, 1992, P.L.1279, No.168, eff. 45 days)
1992 Amendment. Act 168 amended the defs. of "affiliate of a
declarant," "common expenses," "conversion condominium,"
"declarant," "dispose" or "disposition," "limited common
element," "offering," "purchaser" and "special declarant rights"
and added the defs. of "conversion notice," "conversion notice
date," "limited common expenses," "master association,"
"original lease termination date" and "residential tenant" or
"residential subtenant."
Cross References. Section 3103 is referred to in sections
3102, 3304 of this title; section 8401 of Title 53
(Municipalities Generally).
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Last modified: November 27, 2007 |