Real And Personal Property - 68 Pa. Cons. Stat.

Legal Research Home > Pennsylvania Statutes

PART II. REAL PROPERTY
SUBPART B. CONDOMINIUMS

Chapter 31. General Provisions

• § 3101.  Short title of subpart.
  This subpart shall be known and may be cited as the "Uniform Condominium Act." ...
• § 3102.  Applicability of subpart.
  (a) General rule.--This subpart applies to all condominiums created within this Commonwealth after the effective date of this subpart. Subsection (b) and sections 3105 (relating ...
• § 3103.  Definitions.
  The following words and phrases when used in this subpart and in the declaration and bylaws shall have the meanings given to them in this ...
• § 3104.  Variation by agreement.
  Except as expressly provided in this subpart, provisions of this subpart may not be varied by agreement and rights conferred by this subpart may not ...
• § 3105.  Separate titles and taxation.
  (a) Title.--Except as provided in subsection (b), each unit together with its common element interest constitutes for all purposes a separate parcel of real estate. ...
• § 3106.  Applicability of local ordinances, regulations and building codes.
  § 3106. Applicability of local ordinances, regulations and building codes. A zoning, subdivision, building code or other real estate use law, ordinance or regulation may ...
• § 3107.  Eminent domain.
  (a) General rule.--If a unit is acquired by eminent domain, or if part of a unit is acquired by eminent domain leaving the unit owner ...
• § 3108.  Supplemental general principles of law.
  The principles of law and equity, including the law of corporations and unincorporated associations, the law of real property and the law relative to capacity ...
• § 3109.  Construction against implicit repeal.
  This subpart being a general statute intended as a unified coverage of its subject matter, no part of it shall be construed to be impliedly ...
• § 3110.  Uniformity of application and construction.
  This subpart shall be applied and construed so as to effectuate its general purpose to make uniform the law with respect to the subject of ...
• § 3111.  Unconscionable agreement or term of contract.
  (a) Powers of court.--The court, upon finding as a matter of law that a contract or contract clause was unconscionable at the time the contract ...
• § 3112.  Obligation of good faith.
  Every contract or duty governed by this subpart imposes an obligation of good faith in its performance or enforcement. Cross References. Section 3112 is referred ...
• § 3113.  Remedies to be liberally administered.
  (a) General rule.--The remedies provided by this subpart shall be liberally administered to the end that the aggrieved party is put in as good a ...

Chapter 32. Creation, Alteration and Termination of
Condominiums

• § 3201.  Creation of condominium.
  A condominium may be created pursuant to this subpart only by recording a declaration executed, in the same manner as a deed, by all persons ...
• § 3202.  Unit boundaries.
  Except as provided by the declaration: (1) If walls, floor or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster, ...
• § 3203.  Construction and validity of declaration and bylaws.
  (a) Provisions severable.--All provisions of the declaration and bylaws are severable. (b) Application of rule against perpetuities.--The rule against perpetuities may not be applied to ...
• § 3204.  Description of units.
  After the declaration is recorded, a description of a unit which sets forth the name of the condominium, the recording data for the declaration, the ...
• § 3205.  Contents of declaration; all condominiums.
  The declaration for a condominium must contain: (1) The name of the condominium which must include the word "condominium" or be followed by the words ...
• § 3206.  Contents of declaration; flexible condominiums.
  The declaration for a flexible condominium shall include, in addition to the matters specified in section 3205 (relating to contents of declaration; all condominiums): (1) ...
• § 3207.  Leasehold condominiums.
  (a) Recording lease and contents of declaration.--Any lease the expiration or termination of which may terminate the condominium or reduce its size shall be recorded ...
• § 3208.  Allocation of common element interests, votes and common expense liabilities.
  § 3208. Allocation of common element interests, votes and common expense liabilities. (a) General rule.--The declaration shall allocate a fraction or percentage of undivided interests ...
• § 3209.  Limited common elements.
  (a) Allocation.--Except for the limited common elements described in section 3202(2) and (4) (relating to unit boundaries), the declaration shall specify to which unit or ...
• § 3210.  Plats and plans.
  (a) General rule.--Plats and plans are a part of the declaration. Separate plats and plans are not required by this subpart if all the information ...
• § 3211.  Conversion and expansion of flexible condominiums.
  (a) General rule.--To convert convertible real estate or add additional real estate pursuant to an option reserved under section 3206(1) (relating to contents of declaration; ...
• § 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 ...
• § 3213.  Alterations of units.
  Subject to the provisions of the declaration and other provisions of law, a unit owner: (1) May make any improvements or alterations to his unit ...
• § 3214.  Relocation of boundaries between adjoining units.
  (a) General rule.--Subject to the provisions of the declaration and other provisions of law, the boundaries between adjoining units may be relocated by an amendment ...
• § 3215.  Subdivision or conversion of units.
  (a) General rule.--If the declaration expressly so permits, a unit may be subdivided into two or more units or, in the case of a unit ...
• § 3216.  Easement for encroachments.
  To the extent that any unit or common element encroaches on any other unit or common element, a valid easement for the encroachment exists. The ...
• § 3217.  Declarant's offices, models and signs.
  (a) Common elements.--A declarant may maintain offices and models in the common element portion of the condominium only in connection with the management, sale or ...
• § 3218.  Easement to facilitate completion, conversion and expansion.
  § 3218. Easement to facilitate completion, conversion and expansion. (1) Subject to the provisions of the declaration, a declarant has an easement through the common ...
• § 3219.  Amendment of declaration.
  (a) Number of votes required.--Except in cases of amendments that may be executed by a declarant under section 3210(e) and (f) (relating to plats and ...
• § 3220.  Termination of condominium.
  (a) Number of votes required.--Except in the case of a taking of all the units by eminent domain (section 3107), a condominium may be terminated ...
• § 3221.  Rights of secured lenders.
  (a) Secured lender approval.--The declaration may require that all or a specified number or percentage of the mortgagees or beneficiaries of deeds of trust encumbering ...
• § 3222.  Master associations.
  (a) Applicability of section.--If the declaration for a condominium provides that any of the powers described in section 3302 (relating to powers of unit owners' ...
• § 3223.  Merger or consolidation of condominiums.
  (a) General rule.--Any two or more condominiums by agreement of the unit owners as provided in subsection (b) may be merged or consolidated into a ...

Chapter 33. Management of the Condominium

• § 3301.  Organization of unit owners' association.
  A unit owners' association shall be organized no later than the date the first unit of the condominium is conveyed to a person other than ...
• § 3302.  Powers of unit owners' association.
  (a) General rule.--Subject to the provisions of the declaration, the association, even if unincorporated, may: (1) Adopt and amend bylaws and rules and regulations. (2) ...
• § 3303.  Executive board members and officers.
  (a) Powers and fiduciary status.--Except as provided in the declaration, the bylaws, in subsection (b) or other provisions of this subpart, the executive board may ...
• § 3304.  Transfer of special declarant rights.
  (a) Execution and recording instrument of transfer.--No special declarant rights (section 3103) created or reserved under this subpart may be transferred except by an instrument ...
• § 3305.  Termination of contracts and leases of declarant.
  If entered into before the executive board elected by the unit owners pursuant to section 3303(e) (relating to executive board members and officers) takes office: ...
• § 3306.  Bylaws.
  (a) Mandatory provisions.--The bylaws of the association must provide for: (1) The number of members of the executive board and the titles of the officers ...
• § 3307.  Upkeep of condominium.
  (a) General rule.--Except to the extent provided by the declaration or section 3312(d) (relating to insurance), the association is responsible for maintenance, repair and replacement ...
• § 3308.  Meetings.
  The bylaws must require that meetings of the association be held at least once each year and provide for special meetings. The bylaws must specify ...
• § 3309.  Quorums.
  (a) Association.--Unless the bylaws provide otherwise, a quorum is deemed present throughout any meeting of the association if persons entitled to cast 20% of the ...
• § 3310.  Voting; proxies.
  (a) Unit owner other than natural person.--If the owner of a unit is a corporation, joint venture, partnership or unincorporated association, the natural person who ...
• § 3311.  Tort and contract liability.
  (a) General rule.-- (1) An action in tort alleging a wrong done by a declarant or his agent or employee in connection with a portion ...
• § 3312.  Insurance.
  (a) Insurance to be carried by association.--Commencing not later than the time of the first conveyance of a unit to a person other than a ...
• § 3313.  Surplus funds.
  Any amounts accumulated from assessments for limited common expenses and income from the operation of limited common elements to which such limited common expenses pertain ...
• § 3314.  Assessments for common expenses.
  (a) General rule.--Until the association makes a common expense assessment, the declarant shall pay all the expenses of the condominium. After any assessment has been ...
• § 3315.  Lien for assessments.
  (a) General rule.--The association has a lien on a unit for any assessment levied against that unit or fines imposed against its unit owner from ...
• § 3316.  Association records.
  During the period of declarant control, the association shall keep detailed financial records, including, without limitation, a record of expenses paid by the declarant until ...
• § 3317.  Association as trustee.
  With respect to a third person dealing with the association in the association's capacity as a trustee, the existence of trust powers and their proper ...
• § 3318.  Conveyance or encumbrance of common elements.
  (a) General rule.--Portions of the common elements may be conveyed or subjected to a security interest by the association if the persons entitled to cast ...
• § 3319.  Other liens affecting the condominium.
  (a) General rule.--Except as provided in subsection (b), a judgment for money against the association, if and when the judgment has been perfected as a ...
• § 3320.  Declarant delivery of items to association.
  Except as set forth in paragraph (9), not later than 60 days after the required termination of the period of declarant control pursuant to section ...

Chapter 34. Protection of Purchasers

• § 3401.  Applicability; waiver.
  (a) General rule.--This chapter applies to all units subject to this subpart, except as provided in subsection (b) and section 3411 (relating to warranty against ...
• § 3402.  Public offering statement; general provisions.
  (a) General rule.--Except as provided in subsection (b), a public offering statement must contain or fully and accurately disclose: (1) The name and principal address ...
• § 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 ...
• § 3404.  Public offering statement; condominiums containing conversion buildings.
  § 3404. Public offering statement; condominiums containing conversion buildings. (a) General rule.--The public offering statement of a condominium containing a conversion building must contain, in ...
• § 3405.  Public offering statement; condominium securities.
  If an interest in a condominium is currently registered with the Securities and Exchange Commission of the United States, a declarant satisfies all requirements relating ...
• § 3406.  Purchaser's right to cancel.
  (a) General rule.--In cases where delivery of a public offering statement is required under section 3401 (relating to applicability; waiver), a declarant shall provide a ...
• § 3407.  Resales of units.
  (a) Information supplied by unit owner.--In the event of a resale of a unit by a unit owner other than a declarant, the unit owner ...
• § 3408.  Escrow of deposits.
  Any deposit (which shall not include any installment payment under an installment sales contract nor payments specifically stated in a sales contract to be in ...
• § 3409.  Release of liens.
  (a) General rule.--Before conveying a unit, other than by deed in lieu of foreclosure, to a purchaser other than a declarant, a declarant shall record ...
• § 3410.  Condominiums containing conversion buildings.
  (a) Notice of conversion.--The declarant of every condominium containing one or more conversion buildings shall give each of the residential tenants and residential subtenants, if ...
• § 3411.  Warranty against structural defects.
  (a) Definition.--As used in this section, "structural defects" means those defects in components constituting any unit or common element which reduce the stability or safety ...
• § 3412.  Effect of violations on rights of action.
  If a declarant or any other person subject to this subpart violates any provision thereof or any provision of the declaration or bylaws, any person ...
• § 3413.  Labeling of promotional material.
  If any improvement contemplated in a condominium is required by section 3210(b)(3) (relating to plats and plans) to be labeled "NEED NOT BE BUILT" on ...
• § 3414.  Declarant's obligation to complete and restore.
  (a) Completing improvements.--The declarant shall complete all improvements labeled "MUST BE BUILT" on plats or plans prepared pursuant to section 3210 (relating to plats and ...
SUBPART C. COOPERATIVES

Chapter 41. General Provisions

• § 4101.  Short title of subpart.
  This subpart shall be known and may be cited as the Real Estate Cooperative Act. ...
• § 4102.  Applicability of subpart.
  (a) General rule.--This subpart applies to all cooperatives created within this Commonwealth after the effective date of this subpart, but, if such a cooperative contains ...
• § 4103.  Definitions.
  Subject to additional definitions contained in subsequent provisions of this subpart which are applicable to specific provisions of this subpart, the following words and phrases ...
• § 4104.  Variation by agreement.
  Except as expressly provided in this subpart, provisions of this subpart may not be varied by agreement, and rights conferred by this subpart may not ...
• § 4105.  Property classification of cooperative interests.
  A cooperative interest shall be deemed to be a separate leasehold interest in real estate for all purposes except as is otherwise provided in section ...
• § 4106.  Applicability of local ordinances, regulations and building codes.
  § 4106. Applicability of local ordinances, regulations and building codes. A zoning, subdivision, building code or other real estate tax or use law, ordinance or ...
• § 4107.  Eminent domain.
  (a) General rule.--If a unit is acquired by eminent domain or if part of a unit is acquired by eminent domain leaving the proprietary lessee ...
• § 4108.  Supplemental general principles of law applicable.
  The principles of law and equity, including the law of corporations and nonprofit corporations and unincorporated associations, the law of real property and the law ...
• § 4109.  Construction against implicit repeal.
  This subpart being a general statute intended as a unified coverage of its subject matter, no part of it shall be construed to be repealed ...
• § 4110.  Uniformity of application and construction.
  This subpart shall be applied and construed so as to effectuate its general purpose to make uniform the law with respect to the subject of ...
• § 4111.  Unconscionable agreement or term of contract.
  (a) Powers of court.--The court, upon finding as a matter of law that a contract or contract clause was unconscionable at the time the contract ...
• § 4112.  Obligation of good faith.
  Every contract or duty governed by this subpart imposes an obligation of good faith in its performance or enforcement. Cross References. Section 4112 is referred ...
• § 4113.  Remedies to be liberally administered.
  (a) General rule.--The remedies provided by this subpart shall be liberally administered to the end that the aggrieved party is put in as good a ...

Chapter 42. Creation, Alteration and Termination of Cooperatives

• § 4201.  Creation of cooperative ownership.
  (a) General rule.--A cooperative may be created pursuant to this subpart only by either of the following: (1) Recording a declaration executed in the same ...
• § 4202.  Unit boundaries.
  Except as provided by the declaration: (1) If walls, floors or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster, ...
• § 4203.  Construction and validity of declaration and bylaws.
  (a) Provisions severable.--All provisions of the declaration and bylaws are severable. (b) Application of rule against perpetuities.--The rule against perpetuities may not be applied to ...
• § 4204.  Description of units.
  A description of a unit which sets forth the name of the cooperative, the recording data for the declaration, the county or counties in which ...
• § 4205.  Contents of declaration.
  (a) General rule.--The declaration for a cooperative must contain: (1) The name of the cooperative, which must include the word "cooperative" or be followed by ...
• § 4206.  Leasehold cooperatives.
  (a) Recording lease and contents of declaration.--Any lease the expiration or termination of which may terminate the cooperative or reduce its size shall be recorded ...
• § 4207.  Allocation of ownership interests, votes and common expense liabilities.
  § 4207. Allocation of ownership interests, votes and common expense liabilities. (a) General rule.--The declaration shall allocate an ownership interest in the association and a ...
• § 4208.  Limited common elements.
  (a) Allocation.--Except for the limited common elements described in section 4202(2) and (4) (relating to unit boundaries), the declaration shall specify to which unit or ...
• § 4209.  Exercise of development rights.
  (a) General rule.--To exercise any development right reserved under section 4205(a)(8) (relating to contents of declaration), the declarant shall prepare, execute and record an amendment ...
• § 4210.  Alterations of units.
  Subject to the provisions of the declaration, section 4321(c) (relating to limited equity cooperatives) and other provisions of law, a proprietary lessee: (1) May make ...
• § 4211.  Relocation of boundaries between adjoining units.
  (a) General rule.--Subject to the provisions of the declaration and other provisions of law, the boundaries between adjoining units may be reallocated by an amendment ...
• § 4212.  Subdivision of units.
  (a) General rule.--Subject to the provisions of the declaration and other provisions of law, a unit may be subdivided into two or more units by ...
• § 4213.  Easement for encroachments.
  To the extent that any unit or common element encroaches on any other unit or common element, a valid easement for the encroachment exists. The ...
• § 4214.  Declarant's office, models and signs.
  A declarant may maintain sales or rental offices, management offices and models in units or on common elements otherwise restricted to residential use only if ...
• § 4215.  Easement rights.
  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 ...
• § 4216.  Amendment of declaration.
  (a) Number of votes required.--Except in cases of amendments that may be executed by a declarant under section 4209 (relating to exercise of development rights), ...
• § 4217.  Termination of cooperative ownership.
  (a) Number of votes required.--Except: (1) in the case of the taking of all of the units by eminent domain (section 4107); (2) in the ...
• § 4218.  Rights of secured lenders and secured creditors.
  (a) Secured lender approval.--The declaration may provide that all or a specified number or percentage of secured creditors of the association or lenders holding security ...
• § 4219.  Master associations.
  (a) General rule.--If the declaration provides that any of the powers described in section 4302 (relating to powers of association) are to be exercised by ...
• § 4220.  Merger or consolidation of cooperatives.
  (a) General rule.--Any two or more cooperatives, by agreement of the proprietary lessees as provided in subsection (b), may be merged or consolidated into a ...
• § 4221.  Method for transferring a cooperative interest.
  (a) General rule.--In order to effectuate the transfer of a cooperative interest, the transferor, the transferee and the association shall execute an instrument which may ...

Chapter 43. Management of Cooperatives

• § 4301.  Organization of association.
  An association must be organized prior to the date the first cooperative interest in the cooperative is conveyed to anyone other than the declarant or ...
• § 4302.  Powers of association.
  (a) General rule.--Except as provided in subsection (b) and subject to the provisions of the declaration, the association may: (1) Adopt and amend bylaws and ...
• § 4303.  Executive board members and officers.
  (a) Fiduciary status and exercise of duties.--Except as provided in the declaration, the bylaws in subsection (b) or in other provisions of this subpart, the ...
• § 4304.  Transfer of special declarant rights.
  (a) Execution and recording of instrument of transfer.--No special declarant rights (section 4103) created or reserved under this subpart may be transferred except by an ...
• § 4305.  Termination of contracts and leases of declarant.
  If entered into before the executive board elected by the proprietary lessees pursuant to section 4303(f) (relating to executive board members and officers) takes office: ...
• § 4306.  Bylaws.
  (a) Mandatory provisions.--The bylaws of the association must provide for: (1) The number of members of the executive board and the titles of the officers ...
• § 4307.  Upkeep of cooperative.
  (a) General rule.--Except to the extent provided by the declaration, subsection (b), section 4313(g) (relating to insurance) or 4321(g) (relating to limited equity cooperatives), the ...
• § 4308.  Meetings.
  A meeting of the association must be held at least once each year. Special meetings of the association may be called by the president, a ...
• § 4309.  Quorums.
  (a) Association.--Unless the bylaws provide otherwise, a quorum is deemed present throughout any meeting of the association if persons entitled to cast 20% of the ...
• § 4310.  Voting; proxies.
  (a) Multiple owners of a unit.--If only one of the multiple proprietary lessees of a unit is present or represented by proxy at a meeting ...
• § 4311.  Tort and contract liability.
  (a) General rule.--Neither the association nor any proprietary lessee except the declarant is liable for that declarant's torts in connection with any part of the ...
• § 4312.  Conveyance or encumbrance of cooperative.
  (a) General rule.--Except as is otherwise provided in section 4321(h) (relating to limited equity cooperatives), part of the cooperative may be conveyed and all or ...
• § 4313.  Insurance.
  (a) Insurance to be carried by association.--Commencing not later than the time of the first conveyance of a cooperative interest to a person other than ...
• § 4314.  Assessments for common expenses.
  (a) General rule.--Until the association makes a common expense assessment, the declarant shall pay all common expenses. After any assessment has been made by the ...
• § 4315.  Lien for assessments.
  (a) General rule.--The association has a lien on a cooperative interest for any assessment levied against that cooperative interest, including payments to be made by ...
• § 4316.  Other liens affecting cooperative.
  (a) General rule.--Property of a proprietary lessee other than his cooperative interest is not subject to claims of the association's creditors, whether or not his ...
• § 4317.  Association records.
  (a) General rule.--During the period of declarant control, the association shall keep detailed financial records, including without limitation, a record of expenses paid by the ...
• § 4318.  Association as trustee.
  With respect to a third person dealing with the association in the association's capacity as a trustee pursuant to section 4217 (relating to termination of ...
• § 4319.  Termination of cooperative interest.
  (a) General rule.--The association's right to terminate a cooperative interest shall be exercised by judicial sale of the cooperative interest in like manner as a ...
• § 4320.  Declarant delivery of items to association.
  Except as set forth in paragraph (9), not later than 60 days after the required termination of the period of declarant control pursuant to section ...
• § 4321.  Limited equity cooperatives.
  (a) General rule.--Except as is otherwise expressly provided in this section, limited equity cooperatives shall be created and operated pursuant to the other provisions of ...

Chapter 44. Protection of Cooperative Interest Purchasers

• § 4401.  Applicability; waiver.
  (a) General rule.--This chapter applies to all cooperative interests subject to this subpart, except as provided in subsection (b) and section 4414 (relating to implied ...
• § 4402.  Public offering statement; requirements.
  (a) General rule.--Except as provided in subsection (b), a declarant, prior to the offering of any cooperative interest to the public, shall prepare a public ...
• § 4403.  Public offering statement; general provisions.
  (a) General rule.--Except as provided in subsection (b), a public offering statement must contain or fully and accurately disclose: (1) The name and principal address ...
• § 4404.  Public offering statement; cooperatives subject to development rights.
  § 4404. Public offering statement; cooperatives subject to development rights. If the declaration provides that a cooperative is subject to any development rights, the public ...
• § 4405.  Public offering statement; time shares.
  If the declaration provides that ownership of cooperative interests or occupancy of any units is or may be in time shares, the public offering statement ...
• § 4406.  Public offering statement; cooperatives containing conversion buildings.
  § 4406. Public offering statement; cooperatives containing conversion buildings. (a) General rule.--The public offering statement of a cooperative containing any conversion building must contain, in ...
• § 4407.  Public offering statement; cooperative securities.
  If a cooperative interest is registered with the Securities and Exchange Commission of the United States at the time an offer of such cooperative interest ...
• § 4408.  Purchaser's right to cancel.
  (a) Delivery of public offering statement.--In cases where delivery of the public offering statement is required under section 4402(c) (relating to public offering statement; requirements), ...
• § 4409.  Resales of cooperative interests.
  (a) Information supplied by proprietary lessee.--Except in the case of a sale where delivery of a public offering statement is required or unless the transaction ...
• § 4410.  Escrow of deposits.
  Any deposit, which shall not include any installment payment under an installment sales contract, made in connection with the purchase or reservation of a cooperative ...
• § 4411.  Release of liens.
  (a) Sale of cooperative interest.--In the case of a sale of a cooperative interest where delivery of a public offering statement is required pursuant to ...
• § 4412.  Cooperatives containing conversion buildings.
  (a) Notice of conversion.--The declarant of every cooperative containing one or more conversion buildings shall give each of the residential tenants and subtenants, if any, ...
• § 4413.  Express warranties of quality.
  (a) General rule.--Express warranties made by any seller to a purchaser of a cooperative interest, if made or incorporated by reference in the public offering ...
• § 4414.  Implied warranty against structural defects.
  (a) Definition.--As used in this section, "structural defects" means those defects in components constituting any unit or common element which reduce the stability or safety ...
• § 4415.  Effect of violations on rights of action.
  If a declarant or any other person subject to this subpart fails to comply with any provision of this subpart or any provision of the ...
• § 4416.  Labeling of promotional material.
  No promotional material may be displayed or delivered to prospective purchasers which describes or portrays improvements that are not in existence unless the description or ...
• § 4417.  Declarant's obligation to complete and restore.
  (a) Completion.--The declarant shall complete all improvements depicted on any site plan or other graphic representation included in the public offering statement or in any ...
• § 4418.  Substantial completion of unit.
  (a) General rule.--In the case of a sale of a cooperative interest where delivery of a public offering statement is required, a contract of sale ...
SUBPART D. PLANNED COMMUNITIES

Chapter 51. General Provisions

• § 5101.  Short title of subpart.
  This subpart shall be known and may be cited as the Uniform Planned Community Act. ...
• § 5102.  Applicability.
  (a) General rule.--This subpart applies to all planned communities created within this Commonwealth after the effective date of this subpart; but, if: (1) such a ...
• § 5103.  Definitions.
  The following words and phrases when used in this subpart and in the declaration and bylaws shall have the meanings given to them in this ...
• § 5104.  Variation by agreement.
  Except as expressly provided in this subpart, provisions of this subpart may not be varied by agreement, and rights conferred by this subpart may not ...
• § 5105.  Separate titles and taxation.
  (a) Title.--Except as provided in subsection (b), each unit that has been created, together with the interests, benefits and burdens created by the declaration, including, ...
• § 5106.  Applicability of local ordinances, regulations and building codes.
  § 5106. Applicability of local ordinances, regulations and building codes. (a) General rule.--A zoning, subdivision, building code or other real estate use law, ordinance or ...
• § 5107.  Eminent domain.
  (a) General rule.--If a unit is acquired by eminent domain or if part of a unit is acquired by eminent domain leaving the unit owner ...
• § 5108.  Supplemental general principles of law applicable.
  The principles of law and equity, including the law of corporations and unincorporated associations, the law of real property and the law relative to capacity ...
• § 5109.  Construction against implicit repeal.
  Because this subpart is a general act intended as a unified coverage of its subject matter, no part of it shall be construed to be ...
• § 5110.  Uniformity of application and construction.
  This subpart shall be applied and construed so as to effectuate its general purpose to make uniform the law with respect to the subject of ...
• § 5111.  Severability.
  If any provision of this subpart or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or ...
• § 5112.  Unconscionable agreement or term of contract.
  (a) Powers of contract.--The court, upon finding as a matter of law that a contract or contract clause was unconscionable at the time the contract ...
• § 5113.  Obligation of good faith.
  Every contract or duty governed by this subpart imposes an obligation of good faith in its performance or enforcement. Cross References. Section 5113 is referred ...
• § 5114.  Remedies to be liberally administered.
  (a) General rule.--The remedies provided by this subpart shall be liberally administered to the end that the aggrieved party is put in as good a ...

Chapter 52. Creation, Alteration and Termination of Planned
Communities

• § 5201.  Creation of planned community.
  A planned community may be created pursuant to this subpart only by recording a declaration executed in the same manner as a deed by all ...
• § 5202.  Unit boundaries.
  Except as provided by the declaration: (1) Subject to the provisions of paragraph (2), all space, fixtures and improvements within the boundaries of a unit ...
• § 5203.  Construction and validity of declaration and bylaws.
  (a) Provisions severable.--All provisions of the declaration and bylaws are severable. (b) Applications of rule against perpetuities.--The rule against perpetuities may not be applied to ...
• § 5204.  Description of units.
  After the declaration is recorded, a description of the unit which sets forth the name of the planned community, the recording data for the declaration, ...
• § 5205.  Contents of declaration; all planned communities.
  The declaration for a planned community must contain: (1) The name of the planned community, which must include the words "planned community" or be followed ...
• § 5206.  Contents of declaration for flexible planned communities.
  § 5206. Contents of declaration for flexible planned communities. The declaration for a flexible planned community shall include, in addition to the matters specified in ...
• § 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 ...
• § 5208.  Allocation of votes and common expense liabilities.
  (a) General rule.--The declaration shall allocate a fraction or percentage of the common expenses of the association and a portion of the votes in the ...
• § 5209.  Limited common elements.
  (a) Allocation.--Except for the limited common elements described in section 5202 (relating to unit boundaries), the declaration shall specify to which unit or units each ...
• § 5210.  Plats and plans.
  (a) General rule.--Plats and plans are a part of the declaration. Separate plats and plans are not required by this subpart if all the information ...
• § 5211.  Conversion and expansion of flexible planned communities.
  § 5211. Conversion and expansion of flexible planned communities. (a) General rule.--To convert convertible real estate or add additional real estate pursuant to an option ...
• § 5212.  Withdrawal of withdrawable real estate.
  (a) General rule.--To withdraw withdrawable real estate from a flexible planned community pursuant to an option reserved under section 5206 (relating to contents of declaration ...
• § 5213.  Alteration of units.
  Subject to the provisions of the declaration and other provisions of law, all of the following apply: (1) A unit owner may make any improvements ...
• § 5214.  Relocation of boundaries between units.
  (a) General rule.--Subject to the provisions of the declaration and other provisions of law, the boundaries between adjoining units may be relocated by an amendment ...
• § 5215.  Subdivision or conversion of units.
  (a) General rule.--If the declaration expressly so permits, a unit may be subdivided into two or more units or, in the case of a unit ...
• § 5216.  Easement for encroachments.
  To the extent that any unit or common element encroaches on any other unit or common element, a valid easement for the encroachment exists. The ...
• § 5217.  Declarant offices, models and signs.
  (a) Common elements.--A declarant may maintain offices and models in the common element portion of the planned community only in connection with management of or ...
• § 5218.  Easement to facilitate completion, conversion and expansion.
  § 5218. Easement to facilitate completion, conversion and expansion. Subject to the provisions of the declaration, a declarant has an easement through the common elements ...
• § 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 ...
• § 5220.  Termination of planned community.
  (a) Number of votes required.--Except in the case of a taking of all the units by eminent domain in section 5107 (relating to eminent domain), ...
• § 5221.  Rights of secured lenders.
  (a) Secured lender approval.--The declaration may require that all or a specified number or percentage of the mortgagees or beneficiaries of deeds of trust encumbering ...
• § 5222.  Master associations.
  (a) Applicability of section.--If the declaration for a planned community provides that any of the powers described in section 5302 (relating to power of unit ...
• § 5223.  Merger or consolidation of planned community.
  (a) General rule.--Any two or more planned communities by agreement of the unit owners as provided in subsection (b) may be merged or consolidated into ...

Chapter 53. Management of Planned Community

• § 5301.  Organization of unit owners' association.
  A unit owners' association shall be organized no later than the date the first unit in the planned community is conveyed to a person other ...
• § 5302.  Power of unit owners' association.
  (a) General rule.--Except as provided in subsection (b) and subject to the provisions of the declaration and the limitations of this subpart, the association, even ...
• § 5303.  Executive board members and officers.
  (a) Powers and fiduciary status.--Except as provided in the declaration, in the bylaws, in subsection (b) or in other provisions of this subpart, the executive ...
• § 5304.  Transfer of special declarant rights.
  (a) Execution and recording instrument of transfer.--No special declarant right created or reserved under this subpart may be transferred except by an instrument evidencing the ...
• § 5305.  Termination of contracts and leases of declarant.
  (a) General rule.--If entered into before the executive board elected by the unit owners under section 5303(e) (relating to executive board members and officers) takes ...
• § 5306.  Bylaws.
  (a) Mandatory provisions.--The bylaws of the association shall provide for all of the following: (1) The number of members of the executive board and the ...
• § 5307.  Upkeep of planned community.
  (a) General rule.--Except to the extent provided by the declaration, subsection (b) or section 5312 (relating to insurance), the association is responsible for maintenance, repair ...
• § 5308.  Meetings.
  The bylaws shall require that meetings of the association be held at least once each year and shall provide for special meetings. The bylaws shall ...
• § 5309.  Quorums.
  (a) Association.--Unless the bylaws provide otherwise, a quorum is present throughout any meeting of the association if persons entitled to cast 20% of the votes ...
• § 5310.  Voting; proxies.
  (a) Unit owner other than natural person.--If the owner of a unit is a corporation, joint venture, partnership or unincorporated association, the natural person who ...
• § 5311.  Tort and contract liability.
  (a) General rule.-- (1) An action in tort alleging a wrong done by a declarant or his agent or employee in connection with a portion ...
• § 5312.  Insurance.
  (a) Insurance to be carried by association.--Commencing not later than the time of the first conveyance of a unit to a person other than a ...
• § 5313.  Surplus funds.
  Any amounts accumulated from assessments for limited common expenses and income from the operation of limited common elements to which those limited common expenses pertain ...
• § 5314.  Assessments for common expenses.
  (a) General rule.--Until the association makes a common expense assessment, the declarant shall pay all the expenses of the planned community. After any assessment has ...
• § 5315.  Lien for assessments.
  (a) General rule.--The association has a lien on a unit for any assessment levied against that unit or fines imposed against its unit owner from ...
• § 5316.  Association records.
  (a) Financial records.--The association shall keep financial records sufficiently detailed to enable the association to comply with section 5407 (relating to resales of units). All ...
• § 5317.  Association as trustee.
  With respect to a third person dealing with the association in the association's capacity as a trustee, the existence of trust powers and their proper ...
• § 5318.  Conveyance or encumbrance of common facilities.
  (a) General rule.--Portions of the common facilities may be conveyed or subjected to a security interest by the association if the persons entitled to cast ...
• § 5319.  Other liens affecting planned community.
  (a) General rule.--Except as provided in subsection (b), a judgment for money against the association, if and when the judgment has been perfected as a ...
• § 5320.  Declarant delivery of items to association.
  Except as set forth in paragraph (9), not later than 60 days after the required termination of the period of declarant control under section 5303(c) ...

Chapter 54. Protection of Purchasers

• § 5401.  Applicability; waiver.
  (a) General rule.--This chapter applies to all units subject to this subpart, except as provided in subsection (b) and section 5411 (relating to warranty against ...
• § 5402.  Public offering statement; general provisions.
  (a) General rule.--Except as provided in subsection (b), a public offering statement must contain or fully and accurately disclose: (1) The name and principal address ...
• § 5403.  Public offering statement; time-share estates.
  If the declarant provides that ownership or occupancy of any units are or may be owned in time-shares, the public offering statement shall contain or ...
• § 5404.  Public offering statement; planned communities containing conversion buildings.
  § 5404. Public offering statement; planned communities containing conversion buildings. (a) General rule.--The public offering statement of a planned community containing a conversion building must ...
• § 5405.  Public offering statement; planned community securities.
  If an interest in a planned community is currently registered with the Securities and Exchange Commission of the United States, a declarant satisfies all requirements ...
• § 5406.  Purchaser's right to cancel.
  (a) General rule.--In cases where delivery of a public offering statement is required under section 5401 (relating to applicability; waiver), a declarant shall provide a ...
• § 5407.  Resales of units.
  (a) Information supplied by unit owner.--In the event of a resale of a unit by a unit owner other than a declarant, the unit owner ...
• § 5408.  Escrow of deposits.
  (a) General rule.--Any deposit (which shall not include any installment payment under an installment sales contract nor a payment specifically stated in a sales contract ...
• § 5409.  Release of liens.
  (a) General rule.--Before conveying a unit, other than by deed in lieu of foreclosure, to a purchaser other than a declarant, a declarant shall record ...
• § 5410.  Planned communities containing conversion buildings.
  (a) Notice of conversion.--The declarant of every planned community containing one or more conversion buildings shall give each of the residential tenants and residential subtenants, ...
• § 5411.  Warranty against structural defects.
  (a) Scope.--Nothing in this section shall be construed to make the declarant responsible for any items of maintenance relating to the units or common elements. ...
• § 5412.  Effect of violations on rights of action.
  If a declarant or any other person subject to this subpart violates any provision of this subpart or any provisions of the declaration or bylaws, ...
• § 5413.  Labeling of promotional material.
  If any improvement contemplated in a planned community is required by section 5210 (relating to plats and plans) to be labeled "NEED NOT BE BUILT" ...
• § 5414.  Declarant's obligation to complete and restore.
  (a) Completing improvements.--The declarant shall complete all improvements labeled "MUST BE BUILT" on plats or plans prepared pursuant to section 5210 (relating to plats and ...
SUBPART E. USES OF PROPERTY

Chapter 55. Adult-Oriented Establishments

• § 5501.  Legislative findings and intent.
  (a) Findings.--The General Assembly finds as follows: (1) There are within this Commonwealth a number of adult-oriented establishments which require special regulation by law and ...
• § 5502.  Definitions.
  The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates ...
• § 5503.  Requirements for adult-oriented establishments.
  (a) Loitering by minors prohibited.--No operator or employee of an adult-oriented establishment shall permit any minor to loiter in any part of the establishment, including ...
• § 5504.  Liability of operator.
  Every act or omission by an employee constituting a violation of this chapter shall be deemed the act or omission of the operator if the ...
• § 5505.  Establishments open for inspection.
  All adult-oriented establishments shall be open to inspection at all reasonable times by inspectors. ...
• § 5506.  Civil action to enjoin or abate violations.
  (a) Action authorized.--An action to enjoin or abate a violation of this chapter may be brought in the name of the Commonwealth of Pennsylvania by ...
• § 5507.  Violation of abatement order or injunction.
  An operator or owner of an adult entertainment establishment or any agent of the operator or owner who after any injunction has been granted uses ...
• § 5508.  Penalty.
  A person violating any provision of this chapter commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not more ...
• § 5509.  Existing remedies preserved.
  This chapter shall not be deemed to affect any remedy available against an adult entertainment establishment or adult bookstore. ...
SUBPART F. PUBLIC LANDS

Chapter 61. Vacant and Unimproved Public Lands

• § 6101.  Definitions.
  The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates ...
• § 6102.  Duties of commission.
  The commission has the following powers and duties: (1) To act as the Land Office of the Commonwealth, maintaining and preserving the records of all ...
• § 6103.  Application.
  (a) Commonwealth rights.--The right of a person to a patent for vacant or unappropriated lands is subject to the right of the department to formally ...
• § 6104.  Report.
  (a) Total.--If the department determines that the land applied for is not vacant or unappropriated, it shall file its report. (b) Partial.--If the report discloses ...
• § 6105.  Acquisition determination.
  (a) Requirement.--If the department finds the land to be vacant and unimproved or unappropriated and unimproved, the secretary shall determine whether it is desirable and ...
• § 6106.  State forests.
  Upon a determination under section 6105(b)(1)(i) (relating to acquisition determination), a patent to the land shall issue, on approval of the Governor, to the department ...
• § 6107.  Appraisals.
  (a) Requirement.--Upon a determination under section 6105(b)(1)(ii) (relating to acquisition determination), the land shall be appraised by a certified independent real estate appraiser selected by ...
• § 6108.  Patents.
  (a) Costs.--Upon receipt of an appraisal under section 6107 (relating to appraisals), the department shall notify the applicant and request the amount due the Commonwealth. ...
• § 6109.  Prohibitions and exceptions.
  (a) Prohibition.--Except as set forth in subsection (b), no application shall be accepted and no warrant, easement or other office right shall be granted for ...
• § 6110.  Issuance of patents for unappropriated lands.
  The department shall, upon the presentation and approval of an application with satisfactory proof of ownership, including current survey and abstract of title, and the ...
• § 6111.  Satisfaction of claims.
  (a) Scope.--This section applies to land in this Commonwealth for which there is an outstanding office right granted before January 1, 1935. (b) Authorization.--Upon payment ...
• § 6112.  Prohibition of warrants.
  (a) General rule.--Except as set forth in subsection (b), a warrant or other office right shall not issue for public land if any of the ...
• § 6113.  Caveats.
  (a) Authority.--A person with a claim on land for which a warrant application has been made under this chapter may file a caveat with the ...
• § 6114.  Refund.
  If the board decides against the issuing of a warrant or other office right, any purchase money paid shall be returned to the applicant, less ...

PART III. RESIDENTIAL REAL PROPERTY
Chapter 71. General Provisions

• § 7101.  Short title of part.
  This part shall be known and may be cited as the Residential Real Estate Transfers Law. ...
• § 7102.  Definitions.
  Subject to additional definitions contained in subsequent provisions of this part which are applicable to specific provisions of this part, the following words and phrases ...
• § 7103.  Application of part.
  (a) General rule.--This part shall apply to and the term "residential real estate transfer" when used in this part shall mean a transfer of any ...

Chapter 73. Seller Disclosures

• § 7301.  Short title of chapter.
  This chapter shall be known and may be cited as the Real Estate Seller Disclosure Law. ...
• § 7302.  Application of chapter.
  (a) General rule.--This chapter shall apply to all residential real estate transfers except the following: (1) Transfers by a fiduciary in the course of the ...
• § 7303.  Disclosure of material defects.
  Any seller who intends to transfer any interest in real property shall disclose to the buyer any material defects with the property known to the ...
• § 7304.  Disclosure form.
  (a) General rule.--A form of property disclosure statement that satisfies the requirements of this chapter shall be promulgated by the State Real Estate Commission. Nothing ...
• § 7305.  Delivery of disclosure form.
  (a) Method of delivery.--The seller shall deliver the property disclosure statement to the buyer by personal delivery; first class mail; certified mail, return receipt requested; ...
• § 7306.  Information unavailable to seller.
  If at the time the disclosures are required to be made, an item of information required to be disclosed is unknown or not available to ...
• § 7307.  Information subsequently rendered inaccurate.
  If information disclosed in accordance with this chapter is subsequently rendered inaccurate prior to final settlement as a result of any act, occurrence or agreement ...
• § 7308.  Affirmative duty of seller.
  The seller is not obligated by this chapter to make any specific investigation or inquiry in an effort to complete the property disclosure statement. In ...
• § 7309.  Nonliability of seller.
  (a) General rule.--A seller shall not be liable for any error, inaccuracy or omission of any information delivered pursuant to this chapter if: (1) the ...
• § 7310.  Nonliability of agent.
  An agent of a seller or a buyer shall not be liable for any violation of this chapter unless the agent had actual knowledge of ...
• § 7311.  Failure to comply.
  (a) General rule.--A residential real estate transfer subject to this chapter shall not be invalidated solely because of the failure of any person to comply ...
• § 7312.  Amendment of disclosure.
  Any disclosure made pursuant to this chapter may be amended in writing by the seller prior to the signing of an agreement of transfer by ...
• § 7313.  Specification of items for disclosure no limitation on other disclosure obligations.
  § 7313. Specification of items for disclosure no limitation on other disclosure obligations. (a) General rule.--The specification of items for disclosure in this chapter or ...
• § 7314.  Cause of action.
  A buyer shall not have a cause of action under this chapter against the seller or the agent for either or both of the seller ...
• § 7315.  Preemption of local requirements.
  (a) General rule.--Except as provided in subsection (b), a municipality or local authority shall not have the power to mandate that: (1) a seller or ...

Chapter 75. Home Inspections

• § 7501.  Short title of chapter.
  This chapter shall be known and may be cited as the Home Inspection Law. ...
• § 7502.  Definitions and index of definitions.
  (a) Definitions.--The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly ...
• § 7503.  Relationship to other laws.
  (a) General rule.--Nothing in this chapter shall be construed to allow a home inspector who is not registered or licensed under one or more of ...
• § 7504.  Duty of care of home inspectors.
  (a) General rule.--It is the duty of a home inspector to conduct a home inspection with the degree of care that a reasonably prudent home ...
• § 7505.  Consumer remedies.
  (a) General rule.--The performance of a home inspection is a service that is subject to the act of December 17, 1968 (P.L.1224, No.387), known as ...
• § 7506.  Required contractual provision regarding home inspections.
  § 7506. Required contractual provision regarding home inspections. Except as provided in this section, a provision of an agreement of transfer regarding the right of ...
• § 7507.  Contracts with home inspectors.
  (a) Prohibited provisions.--The following types of provisions in a contract with a home inspector for the performance of a home inspection are contrary to public ...
• § 7508.  Home inspection reports.
  (a) Required contents.--A home inspection report must be in writing and shall include: (1) A description of the scope of the inspection, including without limitation ...
• § 7509.  Liability insurance.
  (a) Required insurance.--A home inspector shall maintain insurance against errors and omissions in the performance of a home inspection and general liability, with coverages of ...
• § 7510.  Reliance by buyer.
  A buyer shall be entitled to rely in good faith, without independent investigation, on a written representation by a home inspector that the home inspector ...
• § 7511.  Penalties.
  (a) Criminal penalty.--A person who violates section 7509 (relating to liability insurance) or who provides a false representation under section 7510 (relating to reliance by ...
• § 7512.  Statute of limitations.
  An action to recover damages arising from a home inspection report must be commenced within one year after the date the report is delivered. ...
• § 7513.  Engineers and architects.
  Notwithstanding section 7503(b)(1) (relating to relationship to other laws), the following sections: 7505 (relating to consumer remedies), 7507(a)(1) and (b) (relating to contracts with home ...

Last modified: November 22, 2007