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Easement to facilitate completion, conversion and expansion - 68 Pa. Cons. Stat. § 3218

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     § 3218.  Easement to facilitate completion, conversion and
                expansion.
            (1)  Subject to the provisions of the declaration, a
        declarant has an easement through the common elements as may
        be reasonably necessary for the purpose of discharging a
        declarant's obligations or exercising special declarant
        rights, however arising.
            (2)  Without affecting the rights, if any, of each unit
        owner with respect to the use and enjoyment of the common
        elements, subject to the provisions of the declaration, each
        unit owner and its agents, contractors and invitees shall
        have a nonexclusive access easement through the common
        elements as may be reasonably necessary for the purpose of
        construction, repair and renovation of the owner's unit. An
        association shall have the power during spring thaw
        conditions to restrict usage by vehicles of more than ten
        tons gross weight if:
                (i)  the restrictions are imposed only on a week-by-
            week basis for an aggregate period not to exceed eight
            weeks during any calendar year;
                (ii)  the thaw conditions are reviewed by the
            association at least weekly; and
                (iii)  signs are conspicuously posted by the
            association at all entrances to the condominium advising
            when and where the thaw restrictions are applicable.
            (3)  An association shall not have the power to impose
        any fees or charges or required financial security, including
        surety bonds, letters of credit or escrow deposits for the
        use of the easement rights under this section except for the
        repair of damage caused to common elements in the exercise of
        the easement rights.
            (4)  The declarant or owner who exercises the easement
        rights under this section, whether directly or indirectly
        through an agent, servant, contractor or employee, shall have
        the obligation to promptly return any portion of the common
        elements damaged by the exercise by the declarant or owner or
        its agent, servant, contractor or employee of the easement
        under this section to the appearance, condition and function
        in which it existed prior to the exercise of the easement or
        to reimburse the association for all reasonable costs, fees
        and expenses incurred by the association to return any
        portion of the common elements so damaged to the appearance,
        condition and function in which it existed prior to the
        exercise of the easement.
     (Dec. 18, 1992, P.L.1279, No.168, eff. 45 days; Nov. 30,
     P.L.1509, No.191, eff. 60 days)

        Cross References.  Section 3218 is referred to in sections
     3103, 3414 of this title.

Last modified: November 27, 2007