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Public offering statement; time-share estates - 68 Pa. Cons. Stat. § 3403Legal Research Home > Pennsylvania Statutes
§ 3403. Public offering statement; time-share estates.
(a) Definition.--For purposes of this section, "time-share
estate" means either:
(1) an "interval estate," meaning a combination of:
(i) an estate for years in a unit, during the term
of which title to the unit rotates among the time-share
owners thereof, vesting in each of them in turn for
periods established by a fixed recorded schedule, with
the series thus established recurring regularly until the
term expires, coupled with
(ii) a vested undivided fee simple interest in the
remainder in that unit, the magnitude of that interest
having been established by the declaration or by the deed
creating the interval estate; or
(2) a "time-span estate," meaning a combination of:
(i) an undivided interest in a present estate in fee
simple in a unit, the magnitude of that interest having
been established by the declaration or by the deed
conveying the time-span estate, coupled with
(ii) the exclusive right to possession and occupancy
of that unit during a regularly recurring period
designated by that deed or by a recorded document
referred to therein.
(b) General rule.--If the declaration provides that
ownership or occupancy of any units are or may be owned in time-
shares, the public offering statement shall contain or disclose
in addition to the information required by section 3402
(relating to public offering statement; general provisions):
(1) The total number of units in which time-share
estates may be created.
(2) The total number of time-share estates that may be
created in the condominium.
(3) The projected common expense assessment for each
time-share estate and whether those assessments may vary
seasonally.
(4) A statement of any services not reflected in the
budget which the declarant provides, or expenses which he
pays, and which he expects may become at any subsequent time
a common expense of the association, and the projected common
expense assessment attributable to each of those services or
expenses for each time-share estate.
(5) The extent to which the time-share owners of a unit
are jointly and severally liable for the payment of real
estate taxes and all assessments and other charges levied
against that unit.
(6) The extent to which a suit for partition may be
maintained against a unit owned in time-share estates.
(7) The extent to which a time-share estate may become
subject to a tax or other lien arising out of claims against
other time-share owners of the same unit.
(8) A statement in at least ten-point bold face type,
appearing on the first page of the public offering statement,
that:
(i) Within seven days after receipt of a public
offering statement a purchaser, before conveyance, may
cancel any contract for purchase of a unit from a
declarant.
(ii) If a declarant fails to provide a public
offering statement to a purchaser before conveying a
unit, the purchaser may recover from the declarant
damages as provided in section 3406(c) (relating to
purchaser's right to cancel) and a description of such
damages.
(iii) If a purchaser receives the public offering
statement more than seven days before signing a contract,
he cannot cancel the contract.
(Dec. 18, 1992, P.L.1279, No.168, eff. 45 days)
Cross References. Section 3403 is referred to in sections
3102, 3205, 3401 of this title.
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Last modified: November 27, 2007 |