Court Opinions

State Laws

US Code

US Constitution

Amendment of declaration - 68 Pa. Cons. Stat. § 5219

Legal Research Home > Pennsylvania Statutes

     § 5219.  Amendment of declaration.
        (a)  Number of votes required.--
            (1)  The declaration, including the plats and plans, may
        be amended only by vote or agreement of unit owners of units
        to which at least:
                (i)  67% of votes in the association are allocated;
            or
                (ii)  a larger percentage of the votes in the
            association as specified in the declaration; or
                (iii)  a smaller percentage of the votes in the
            association as specified in the declaration if all units
            are restricted exclusively to nonresidential use.
            (2)  Paragraph (1) is limited by subsection (d) and
        section 5221 (relating to rights of secured lenders).
            (3)  Paragraph (1) shall not apply to any of the
        following:
                (i)  Amendments executed by a declarant under:
                    (A)  section 5210(e) or (f) (relating to plats
                and plans);
                    (B)  section 5211(a) (relating to conversion and
                expansion of flexible planned communities); or
                    (C)  section 5212(a) (relating to withdrawal of
                withdrawable real estate).
                (ii)  Amendments executed by the association under:
                    (A)  subsection (f);
                    (B)  section 5107 (relating to eminent domain);
                    (C)  section 5207(d) (relating to leasehold
                planned communities);
                    (D)  section 5209 (relating to limited common
                elements); or
                    (E)  section 5215 (relating to subdivision or
                conversion of units).
                (iii)  Amendments executed by certain unit owners
            under:
                    (A)  section 5209(b);
                    (B)  section 5214(a) (relating to relocation of
                boundaries between units);
                    (C)  section 5215; or
                    (D)  section 5220(b) (relating to termination of
                planned community).
        (b)  Limitation of action to challenge amendment.--No action
     to challenge the validity of an amendment adopted by the
     association under this section may be brought more than one year
     after the amendment is recorded.
        (c)  Recording amendment.--Every amendment to the declaration
     must be recorded in every county in which any portion of the
     planned community is located in the same records as are
     maintained for the recording of deeds of real property and shall
     be indexed in the name of the planned community in both the
     grantor and grantee index. An amendment is effective only upon
     recording.
        (d)  When unanimous consent or declarant joinder required.--
     Except to the extent expressly permitted or required by other
     provisions of this subpart, without unanimous consent of all
     unit owners affected, no amendment may create or increase
     special declarant rights, alter the terms or provisions
     governing the completion or conveyance or lease of common
     facilities or increase the number of units or change the
     boundaries of any unit, the common expense liability or voting
     strength in the association allocated to a unit or the uses to
     which any unit is restricted. In addition, no declaration
     provisions pursuant to which any special declarant rights have
     been reserved to a declarant shall be amended without the
     express written joinder of the declarant in such amendment.
        (e)  Officer authorized to execute amendment.--Amendments to
     the declaration required by this subpart to be recorded by the
     association shall be prepared, executed, recorded and certified
     by an officer of the association designated for that purpose or,
     in the absence of designation, by the president of the
     association.
        (f)  Technical corrections.--Except as otherwise provided in
     the declaration, if any amendment to the declaration is
     necessary in the judgment of the executive board to do any of
     the following:
            (1)  cure an ambiguity;
            (2)  correct or supplement any provision of the
        declaration, including the plats and plans, that is
        defective, missing or inconsistent with any other provision
        of the declaration or with this subpart;
            (3)  conform to the requirements of any agency or entity
        that has established national or regional standards with
        respect to loans secured by mortgages or deeds of trust or
        units in planned community or so-called "PUD" projects, such
        as Federal National Mortgage Association and the Federal Home
        Loan Mortgage Corporation; or
            (4)  comply with any statute, regulation, code or
        ordinance which may now or hereafter be made applicable to
        the planned community or association, or to make a reasonable
        accommodation or permit a reasonable modification in favor of
        handicapped, as may be defined by prevailing Federal or State
        laws or regulations applicable to the association, unit
        owners, residents or employees;
     then, at any time, the executive board may, at its discretion,
     effect an appropriate corrective amendment without the approval
     of the unit owners or the holders of liens on all or any part of
     the planned community, upon receipt of an opinion from
     independent legal counsel to the effect that the proposed
     amendment is permitted by the terms of this subsection.
     (Nov. 30, 2004, P.L.1486, No.189, eff. 60 days)

        2004 Amendment.  Act 189 amended subsecs. (a) and (f).
        Cross References.  Section 5219 is referred to in sections
     5102, 5211, 5303 of this title.

Last modified: November 27, 2007