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Contents of declaration; all condominiums - 68 Pa. Cons. Stat. § 3205Legal Research Home > Pennsylvania Statutes Sponsored Links
§ 3205. Contents of declaration; all condominiums.
The declaration for a condominium must contain:
(1) The name of the condominium which must include the
word "condominium" or be followed by the words "a
condominium."
(2) The name of every county in which any part of the
condominium is situated.
(3) A legally sufficient description of the real estate
included in the condominium.
(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 3215(c) (relating to
subdivision or conversion of units).
(6) A description of any limited common elements as
provided in section 3209 (relating to limited common
elements) and limited common expenses, if any, and how they
are to be assessed.
(7) A description of any common elements not within the
boundaries of any convertible real estate which may be
allocated subsequently as limited common elements together
with a statement that they may be so allocated and a
description of the method by which the allocations are to be
made.
(8) An allocation to each unit of an undivided interest
in the common elements, a portion of the votes in the
association and a percentage or fraction of the common
expenses of the association (section 3208).
(9) Any restrictions created by the declarant on use,
occupancy and alienation of the units.
(10) The recording data for recorded easements and
licenses appurtenant to or included in the condominium or to
which any portion of the condominium is or may become
subject.
(11) If all or any of the units are or may be owned in
time-share estates as defined in section 3403(a) (relating to
public offering statement; 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 condominium, it
being intended that time-share estates shall not be permitted
except if and to the extent expressly authorized by the
declaration.
(12) If the declarant wishes to retain the special
declarant right to cause section 3222 (relating to master
associations) to become applicable to a condominium, then:
(i) an explicit reservation of such right;
(ii) a statement of the time limit, not exceeding
seven years after the recordation of the declaration,
upon which the 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; and
(iii) the information required to be included in the
declaration by the provisions of section 3222.
(13) If the declarant wishes to retain the special
declarant right to merge or consolidate the condominium
pursuant to section 3223 (relating to merger or consolidation
of condominiums), 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 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 condominium that may be subject to such a merger or
consolidation if such other condominiums exist and if
such other condominiums do not exist, then the
declaration shall include the following:
(A) A statement of the extent to which the
common element interest, relative voting strength in
the association and share of common expense liability
of each unit in the condominium 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 which is part of any other
condominiums which may be created and with which the
condominium 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 condominiums 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
condominiums are merged or consolidated with the
condominium, all or any of such condominiums must
be merged or consolidated.
(D) A statement of:
(I) the maximum number of units that may be
created within any such other condominiums, the
boundaries of which are fixed pursuant to 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
condominiums, the boundaries of which are not
fixed pursuant to clause (C).
(E) If any of the units that may be built within
any such other condominiums are not to be restricted
exclusively to residential use, a statement with
respect to each portion of such other condominiums of
the maximum percentage of the real estate areas and
the maximum percentage of the floor areas of all
units that may be created therein 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 such other
condominiums will be compatible with the other
buildings and units in the condominium 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 such
other condominiums 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 such other condominiums 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 such other condominiums or a
statement that no assurances are made in that regard.
(J) A statement that any limited common elements
created within any such other condominiums will be of
the same general types and sizes as those within the
condominium or 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 such other
condominiums will be approximately equal to the
proportion existing within the condominium or a
statement of any other assurances in that regard or a
statement that no assurances are made in that regard.
(L) A statement of the extent to which any
assurances made in the declaration regarding such
other condominiums pursuant to clauses (C) through
(K) apply in the event any such condominiums are not
merged or consolidated with the condominium or a
statement that those assurances do not apply if the
condominiums are not merged or consolidated with the
condominium; and
(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 such right is exercised.
(14) Any other matters the declarant deems appropriate.
(Dec. 18, 1992, P.L.1279, No.168, eff. 45 days)
Cross References. Section 3205 is referred to in sections
3103, 3206, 3209, 3211, 3222, 3223, 3407, 3414 of this title.
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Last modified: November 27, 2007 |