Court Opinions

State Laws

US Code

US Constitution

Withdrawal of withdrawable real estate - 68 Pa. Cons. Stat. § 3212

Legal Research Home > Pennsylvania Statutes

     § 3212.  Withdrawal of withdrawable real estate.
        (a)  General rule.--To withdraw withdrawable real estate from
     a flexible condominium pursuant to an option reserved under
     section 3206(1) (relating to contents of declaration; flexible
     condominiums), 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     description of the real estate being withdrawn and stating the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 common element
     interests, votes in the association and common expense
     liabilities to the remaining units in the condominium in
     proportion to the respective interests, votes and liabilities of
     those units before the withdrawal, and the reallocation is
     effective when the amendment is recorded.
        (b)  When withdrawal prohibited.--If a portion of the
     withdrawable real estate was described pursuant to section
     3206(6), that portion may not be withdrawn if any person other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
     condominium 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 inures to the
     declarant.

        Cross References.  Section 3212 is referred to in sections
     3103, 3208, 3219, 3414 of this title.

Last modified: November 27, 2007