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Leasehold planned communities - 68 Pa. Cons. Stat. § 5207Legal Research Home > Pennsylvania Statutes
§ 5207. Leasehold planned communities.
(a) Recording lease and contents of declaration.--A lease
the expiration or termination of which may terminate the planned
community or reduce its size shall be recorded in the same
county where the declaration is recorded under section 5201
(relating to creation of planned community). Every lessor of
those leases shall execute the declaration, and the declaration
shall state the following:
(1) The recording data for the lease.
(2) The date on which the lease is scheduled to expire.
(3) A legally sufficient description of the real estate
subject to the lease.
(4) Any right of the unit owners to redeem the reversion
and the manner whereby those rights may be exercised or a
statement that they do not have those rights.
(5) Any right of the unit owners to remove any
improvements after the expiration or termination of the lease
or a statement that the unit owners do not have those rights.
(6) Any rights of the unit owners to renew the lease and
the conditions of any renewal or a statement that the unit
owners do not have those rights.
(b) Limitations on termination of leasehold interest.--After
the declaration for a leasehold planned community is recorded,
neither the lessor nor a successor in interest may terminate the
leasehold interest of a unit owner who makes timely payment of
the owner's share of the rent and otherwise complies with all
covenants which, if violated, would entitle the lessor to
terminate the lease. A unit owner's leasehold interest is not
affected by failure of any other person to pay rent or fulfill
any other covenant.
(c) Merger of leasehold and fee simple interests.--
Acquisition of the leasehold interest of any unit owner by the
owner of the reversion or remainder does not merge the leasehold
and fee simple interests unless the leasehold interests of all
unit owners subject to that reversion or remainder are acquired.
(d) Reallocation of interests if number of votes reduced.--
If the expiration or termination of a lease decreases the number
of units in a planned community, the allocated votes in the
association and common expense liabilities shall be reallocated
in accordance with section 5107 (relating to eminent domain) as
though those units had been taken by eminent domain.
Reallocations shall be confirmed by an amendment to the
declaration prepared, executed and recorded by the association.
Cross References. Section 5207 is referred to in sections
5219, 5402 of this title.
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Last modified: November 27, 2007 |
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