Pennsylvania Act 2008-49 — REAL AND PERSONAL PROPERTY (68 PA.C.S.) - APPLICATION OF SUBPART RELATING TO CONDOMINIUMS CREATED BY PRIOR STATUTORY LAW AND LIEN FOR ASSESSMENTS

Act text

REAL AND PERSONAL PROPERTY (68 PA.C.S.) - APPLICATION OF SUBPART RELATING
 TO CONDOMINIUMS CREATED BY PRIOR STATUTORY LAW AND LIEN FOR ASSESSMENTS
                  Act of Jul. 4, 2008, P.L. 619, No. 49               Cl. 68
                             Session of 2008
                               No. 2008-49

     HB 2295

                                  AN ACT

     Amending Title 68 (Real and Personal Property) of the
        Pennsylvania Consolidated Statutes, in management of
        condominiums, further providing for application of subpart
        relating to condominiums created by prior statutory law and
        for lien for assessments.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Sections 3102(b) and 3315(b)(2)(i) of Title 68 of
     the Pennsylvania Consolidated Statutes are amended to read:
      § 3102.  Applicability of subpart.
        * * *
        (b)  Prior statutory law.--The provisions of the act of July
     3, 1963 (P.L.196, No.117), known as the Unit Property Act, do
     not apply to condominiums created after the effective date of
     this subpart and do not invalidate any amendment to the
     declaration, code of regulations or declaration plan of any
     condominium created before the effective date of this subpart if
     the amendment would be permitted by this subpart. The amendment
     must be adopted in conformity with the procedures and
     requirements specified by those instruments and by the
     provisions of the Unit Property Act. If the amendment grants to
     any person any rights, powers or privileges permitted by this
     subpart, all correlative obligations, liabilities and
     restrictions in this subpart also apply to that person. By
     amendment to the declaration, code of regulations and
     declaration plan, a condominium created pursuant to the Unit
     Property Act may be made subject to all of the provisions of
     this subpart in lieu of the provisions of the Unit Property Act,
     effective as of the date of recordation of such amendments and
     without in any way terminating the condominium status of the
     property or in any way affecting any lien or encumbrance on the
     property, if the terms of such amended documents conform to the
     requirements of this subpart and if such amendments have been
     approved by [all] 67% of the persons whose actions would have
     been required to effect a removal of the property from the Unit
     Property Act pursuant to section 601 thereof. No amendment of:
            (1)  the declaration, code of regulations or declaration
        plan of a condominium created pursuant to the Unit Property
        Act; or
            (2)  the declaration, bylaws or plats and plans of a
        condominium created pursuant to this subpart;
     may increase the obligations or responsibilities of a declarant
     (as such and not as a unit owner) without the joinder of the
     declarant in such amendment.
        * * *
      § 3315.  Lien for assessments.
        * * *
        (b)  Priority of lien.--
            * * *
            (2)  Limited nondivestiture.--The association's lien for
        assessments shall be divested by a judicial sale of the unit:
                (i)  As to unpaid common expense assessments made
            under section 3314(b) (relating to assessments for common
            expenses) that come due during the six months immediately
            preceding the date of a judicial sale of a unit in an
            action to enforce collection of a lien against a unit[.]
            by a judicial sale, only to the extent that the six
            months' unpaid assessments are paid out of the proceeds
            of the sale.
                * * *
        Section 2.  This act shall take effect immediately.

     APPROVED--The 4th day of July, A. D. 2008.

     EDWARD G. RENDELL