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Contents of declaration; flexible condominiums - 68 Pa. Cons. Stat. § 3206Legal Research Home > Pennsylvania Statutes Sponsored Links
§ 3206. Contents of declaration; flexible condominiums.
The declaration for a flexible condominium shall include, in
addition to the matters specified in section 3205 (relating to
contents of declaration; all condominiums):
(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 condominium.
(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 any 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 pursuant to law, or else a statement that there
are no such limitations.
(4) 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 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withdrawable real estate may be converted, added or withdrawn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) either 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be converted, added or withdrawn or a statement that no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converted, added or withdrawn, all or any particular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converted, added or withdrawn.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 pursuant to paragraph (6);
(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 portions the boundaries of which
are not fixed pursuant to paragraph (6).
(8) If any of the units that may be built 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 floor 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
or convertible real estate 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.
(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 condominium, or 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 condominium, or 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 pursuant to paragraphs (6) through (14) apply in
the event any additional real estate is not added to or any
withdrawable land is withdrawn from the condominium, or a
statement that those assurances do not apply if the real
estate is not added to or is withdrawn from the condominium.
Cross References. Section 3206 is referred to in sections
3211, 3212, 3402 of this title.
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Last modified: November 27, 2007 |