Pennsylvania Act 1996-180 — REAL AND PERSONAL PROPERTY (68 PA.C.S.) - AMEND PLANNED COMMUNITIES

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REAL AND PERSONAL PROPERTY (68 PA.C.S.) - AMEND PLANNED COMMUNITIES
                 Act of Dec. 19, 1996, P.L. 1336, No. 180             Cl. 68
                             Session of 1996
                               No. 1996-180

     HB 1757

                                  AN ACT

     Amending Title 68 (Real and Personal Property) of the
        Pennsylvania Consolidated Statutes, adding provisions
        relating to planned communities.

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

        Section 1.  Part II of Title 68 of the Pennsylvania
     Consolidated Statutes is amended by adding a subpart to read:
                                 PART II
                              REAL PROPERTY
                                  * * *
                                SUBPART D
                           PLANNED COMMUNITIES
     Chapter
       51.  General Provisions
       52.  Creation, Alteration and Termination of Planned
            Communities
       53.  Management of Planned Community
       54.  Protection of Purchasers
                                CHAPTER 51
                            GENERAL PROVISIONS
     Sec.
     5101.  Short title of subpart.
     5102.  Applicability.
     5103.  Definitions.
     5104.  Variation by agreement.
     5105.  Separate titles and taxation.
     5106.  Applicability of local ordinances, regulations and
            building codes.
     5107.  Eminent domain.
     5108.  Supplemental general principles of law applicable.
     5109.  Construction against implicit repeal.
     5110.  Uniformity of application and construction.
     5111.  Severability.
     5112.  Unconscionable agreement or term of contract.
     5113.  Obligation of good faith.
     5114.  Remedies to be liberally administered.
      § 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 such a planned community contains
     no more than 12 units and is not subject to any rights under
     section 5215 (relating to subdivision or conversion of units) to
     subdivide units or to convert into common elements or under
     section 5211 (relating to conversion and expansion of flexible
     planned communities) to add additional real estate, create units
     or limited common elements within convertible real estate or
     withdraw real estate, it is subject only to sections 5105
     (relating to separate titles and taxation), 5106 (relating to
     applicability of local ordinances, regulations and building
     codes), 5107 (relating to eminent domain) and 5218 (relating to
     easement to facilitate completion, conversion and expansion)
     unless the declaration provides that the entire subpart is
     applicable.
        (b)  Retroactivity.--Except as provided in subsection (c),
     sections 5105, 5106, 5107, 5203 (relating to construction and
     validity of declaration and bylaws), 5204 (relating to
     description of units), 5218, 5219 (relating to amendment of
     declaration), 5223 (relating to merger or consolidation of
     planned community), 5302(a) (1) through (6) and (11) through
     (15) (relating to power of unit owners' association), 5311
     (relating to tort and contract liability), 5315 (relating to
     lien for assessments), 5316 (relating to association records),
     5407 (relating to resales of units) and 5412 (relating to effect
     of violations on rights of action) and section 5103 (relating to
     definitions), to the extent necessary in construing any of those
     sections, apply to all planned communities created in this
     Commonwealth before the effective date of this subpart; but
     those sections apply only with respect to events and
     circumstances occurring after the effective date of this subpart
     and do not invalidate existing provisions of the declaration,
     bylaws or plats and plans of those planned communities.
        (c)  Nonflexible planned communities.--If a planned community
     created within this Commonwealth before the effective date of
     this subpart contains no more than 12 units and is not a
     flexible planned community, it is subject only to sections 5105,
     5106, 5107 and 5218 unless the declaration is amended in
     conformity with applicable law and with the procedures and
     requirements of the declaration to take advantage of the
     provisions of subsection (d), in which case all the sections
     enumerated in subsection (b) apply to that planned community.
        (d)  Amendments to declarations, bylaws, plats and plans.--
            (1)  In the case of amendments to the declaration, bylaws
        and plats and plans of any planned community created before
        the effective date of this subpart:
                (i)  If the result accomplished by the amendment was
            permitted by law prior to this subpart, the amendment may
            be made either in accordance with that law, in which case
            that law applies to that amendment, or may be made under
            this subpart.
                (ii)  If the result accomplished by the amendment is
            permitted by this subpart and was not permitted by law
            prior to this subpart, the amendment may be made under
            this subpart.
            (2)  An amendment to the declaration, bylaws or plats and
        plans authorized by this subsection to be made under this
        subpart must be adopted in conformity with applicable law and
        with the procedures and requirements specified by the
        document being amended. If any such 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.
        (e)  Nonresidential units.--This subpart does not apply to a
     planned community in which all units are restricted exclusively
     to nonresidential use unless the declaration provides that the
     subpart does apply to that planned community. This subpart
     applies to a planned community containing both units which are
     restricted exclusively to nonresidential use and other units
     which are not so restricted only if the declaration so provides
     or if the real estate comprising the units which may be used for
     residential purposes would be a planned community in the absence
     of the units which may not be used for residential purposes.
        (f)  Planned communities outside Commonwealth.--This subpart
     does not apply to planned communities or units located outside
     this Commonwealth, but the public offering statement provisions
     under sections 5402 (relating to public offering statement;
     general provisions) through 5405 (relating to public offering
     statement; planned community securities) shall apply to all
     contracts for the disposition thereof signed in this
     Commonwealth by any party unless exempt under section 5401(b)(2)
     (relating to applicability; waiver).
      § 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 section unless specifically provided otherwise or
     unless the context clearly indicates otherwise:
        "Additional real estate."  Real estate that may be added to a
     planned community.
        "Affiliate of a declarant."  Any person who controls, is
     controlled by or is under common control with a declarant.
            (1)  A person "controls" a declarant if the person:
                (i)  is a general partner, officer, director or
            employer of the declarant;
                (ii)  directly or indirectly or acting in concert
            with one or more other persons or through one or more
            subsidiaries owns, controls, holds with power to vote or
            holds proxies representing more than 20% of the voting
            interest in the declarant;
                (iii)  controls in any manner the election of a
            majority of the directors of the declarant; or
                (iv)  has contributed more than 20% of the capital of
            the declarant.
            (2)  A person "is controlled by" a declarant if the
        declarant:
                (i)  is a general partner, officer, director or
            employer of the person;
                (ii)  directly or indirectly or acting in concert
            with one or more other persons or through one or more
            subsidiaries owns, controls, holds with power to vote or
            holds proxies representing more than 20% of the voting
            interest in the person;
                (iii)  controls in any manner the election of a
            majority of the directors of the person; or
                (iv)  has contributed more than 20% of the capital of
            the person.
            (3)  Control does not exist if the powers described in
        paragraphs (1) and (2) are held solely as security for an
        obligation and are not exercised.
        "Allocated interests."  The common expense liability and
     votes in the association allocated to each unit.
        "Association" or "unit owners' association."  The unit owners
     association organized under section 5301 (relating to
     organization of unit owners' association).
        "Common elements."  Common facilities or controlled
     facilities.
        "Common expense liability."  The liability for common
     expenses allocated to each unit under section 5208 (relating to
     allocation of votes and common expense liabilities).
        "Common expenses."  Expenditures made by or financial
     liabilities of the association, together with any allocations to
     reserves. The term includes general common expenses and limited
     common expenses.
        "Common facilities."  Any real estate within a planned
     community which is owned by the association or leased to the
     association. The term does not include a unit.
        "Condominium."  Real estate, portions of which are designated
     for separate ownership and the remainder of which is designated
     for common ownership solely by the owners of those portions.
     Real estate is not a condominium unless the undivided interests
     in the portions of the real estate designated for common
     ownership are vested in the unit owners.
        "Controlled facilities."  Any real estate within a planned
     community, whether or not a part of a unit, that is not a common
     facility but is maintained, improved, repaired, replaced,
     regulated, managed, insured or controlled by the association.
        "Conversion building."  A building that, at any time before
     the conversion notice date with respect to the planned community
     in which the building is located, was occupied wholly or
     partially by persons other than purchasers and persons who
     occupy with the consent of purchasers.
        "Conversion notice."  The notice required to be given to
     tenants and subtenants by the terms of section 5410(a) (relating
     to planned communities containing conversion buildings).
        "Conversion notice date."  The date on which the conversion
     notice is placed in the United States mail, in the case of
     mailed notices, or is delivered to the unit leased by the
     recipient, in the case of hand-delivered notices.
        "Convertible real estate."  A portion of a flexible planned
     community not within a building containing a unit, within which
     additional units, limited common facilities or limited
     controlled facilities or any combination thereof may be created.
        "Cooperative."  Real estate owned by a corporation, trust,
     trustee, partnership or unincorporated association, if the
     governing instruments of that organization provide that each of
     the organization's members, partners, stockholders or
     beneficiaries is entitled to exclusive occupancy of a designated
     portion of that real estate.
        "Declarant."
            (1)  If a planned community has been created, the term
        means any of the following:
                (i)  Any person who has executed a declaration or an
            amendment to a declaration to add additional real estate.
            This subparagraph excludes a person holding interest in
            the real estate solely as security for an obligation; a
            person whose interest in the real estate will not be
            conveyed to unit owners; and, in the case of a leasehold
            planned community, a lessor who possesses no special
            declarant rights and who is not an affiliate of a
            declarant who possesses special declarant rights.
                (ii)  A person who succeeds under section 5304
            (relating to transfer of special declarant rights) to any
            special declarant rights.
            (2)  If the planned community has not yet been created,
        the term means any person who offers to dispose of or
        disposes of the person's interest in a unit to be created and
        not previously disposed of.
            (3)  If a declaration is executed by a trustee of a land
        trust, the term means the beneficiary of the trust.
        "Declaration."  Any instrument, however denominated, that
     creates a planned community and any amendment to that
     instrument.
        "Development rights."  Any right or combination of rights
     reserved by a declarant in the declaration:
            (1)  to add real estate to a planned community;
            (2)  to create units, common facilities, limited common
        facilities, controlled facilities or limited controlled
        facilities within a planned community;
            (3)  to subdivide units to convert units into common
        facilities or controlled facilities; or
            (4)  to withdraw real estate from a planned community.
        "Disposition."  A voluntary transfer to a purchaser of any
     legal or equitable interest in a unit or a proposed unit. The
     term does not include the transfer or release of a security
     interest.
        "Executive board."  The body, regardless of name, designated
     in the declaration to act on behalf of the association.
        "Flexible planned community."  A planned community containing
     withdrawable or convertible real estate or a planned community
     to which additional real estate may be added or a combination
     thereof.
        "General common expenses."  All common expenses other than
     limited common expenses.
        "Identifying number."  A symbol or address that identifies
     only one unit in a planned community.
        "Installment sale contract."  An executory contract for the
     purchase and sale of a unit or interest in a unit under which
     the purchaser is obligated to make more than five installment
     payments to the seller after execution of the contract and
     before the time appointed for the conveyance of title to the
     unit or interest in the unit.
        "Interval estate."  A combination of:
            (1)  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
            (2)  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.
        "Leasehold planned community."  A planned community in which
     all or a portion of the real estate is subject to a lease the
     expiration or termination of which will terminate the planned
     community or reduce its size.
        "Limited common element."  A limited common facility or a
     limited controlled facility.
        "Limited common expenses."  All expenses identified as such
     under section 5314(c) (relating to assessments for common
     expenses).
        "Limited common facility."  A portion of the common
     facilities allocated by or pursuant to the declaration or by the
     operation of section 5202(2) or (3) (relating to unit
     boundaries) for the exclusive use of one or more but fewer than
     all of the units.
        "Limited controlled facility."  A portion of the controlled
     facilities, other than controlled facilities which are
     themselves part of a unit, allocated by or pursuant to the
     declaration or by operation of section 5202(2) or (3) (relating
     to unit boundaries) for the exclusive use of one or more but
     fewer than all of the units.
        "Master association."  An organization described in section
     5222 (relating to master associations), whether or not it is
     also an association described in section 5301 (relating to
     organization of unit owners' association).
        "Offer" or "offering."  Any advertisement, inducement,
     solicitation or attempt to encourage any person to acquire any
     interest in a unit other than as security for an obligation. The
     term does not include an advertisement in a newspaper or other
     periodical of general circulation or in a broadcast medium to
     the general public of a planned community not located in this
     Commonwealth if the advertisement states that an offer or
     offering may be made only in compliance with the law of the
     jurisdiction in which the planned community is located.
        "Original lease termination date."  The date on which the
     lease or sublease of a residential tenant or subtenant in
     possession of a unit in a conversion building will expire by the
     terms of the lease or sublease, after taking into account any
     renewal or extension rights that may have been exercised prior
     to the conversion notice date.
        "Person."  A natural person, corporation, partnership,
     association, trust, other entity or any combination thereof.
        "Planned community."  Real estate with respect to which a
     person, by virtue of ownership of an interest in any portion of
     the real estate, is or may become obligated by covenant,
     easement or agreement imposed on the owner's interest to pay any
     amount for real property taxes, insurance, maintenance, repair,
     improvement, management, administration or regulation of any
     part of the real estate other than the portion or interest owned
     solely by the person. The term excludes a cooperative and a
     condominium, but a condominium or cooperative may be part of a
     planned community. For purposes of this definition, "ownership"
     includes holding a leasehold interest of more than 20 years,
     including renewal options, in real estate. The term includes
     nonresidential campground communities.
        "Purchaser."  A person other than a declarant who, by means
     of a disposition, acquires a legal or equitable interest in a
     unit, other than either a leasehold interest of less than 20
     years, including renewal options, or as security for an
     obligation. The term includes a person who will become a unit
     owner in a leasehold planned community upon consummation of the
     disposition.
        "Real estate."  Any fee, leasehold or other estate or
     interest in, over or under land, including structures, fixtures
     and other improvements and interests which by custom, usage or
     law pass with a conveyance of land though not described in the
     contract of sale or instrument of conveyance. The term includes
     parcels with or without upper or lower boundaries and spaces
     that may be filled with air or water.
        "Residential purposes."  Use for dwelling or recreational
     purposes, or both.
        "Residential subtenant."  An individual lawfully occupying
     real estate for residential purposes under a sublease.
        "Residential tenant."  An individual lawfully occupying real
     estate for residential purposes under a lease.
        "Special declarant rights."  Rights reserved for the benefit
     of a declarant to:
            (1)  complete improvements indicated on plats and plans
        filed with the declaration under section 5209 (relating to
        limited common elements);
            (2)  convert convertible real estate in a flexible
        planned community under section 5211 (relating to conversion
        and expansion of flexible planned communities);
            (3)  add additional real estate to a flexible planned
        community under section 5211;
            (4)  withdraw withdrawable real estate from a flexible
        planned community under section 5212 (relating to withdrawal
        of withdrawable real estate);
            (5)  convert a unit into two or more units, common
        facilities or controlled facilities or into two or more units
        and common facilities or controlled facilities;
            (6)  maintain offices, signs and models under section
        5217 (relating to declarant offices, models and signs);
            (7)  use easements through the common facilities or
        controlled facilities for the purpose of making improvement
        within the planned community or within any convertible or
        additional real estate under section 5218 (relating to
        easement to facilitate completion, conversion and expansion);
            (8)  cause the planned community to be merged or
        consolidated with another planned community under section
        5223 (relating to merger or consolidation of planned
        community);
            (9)  make the planned community part of a larger planned
        community or group of planned communities under sections 5222
        (relating to master associations) and 5223 (relating to
        merger or consolidation of planned community);
            (10)  make the planned community subject to a master
        association under section 5222 (relating to master
        associations); or
            (11)  appoint or remove an officer of the association or
        a master association or an executive board member during any
        period of declarant control under section 5303 (relating to
        executive board members and officers).
        "Structural defects."  As used in section 5411 (relating to
     warranty against structural defects), the term means defects in
     components constituting any unit or common element which reduce
     the stability or safety of the structure below accepted
     standards or restrict the normal intended use of the structure
     and require repair, renovation, restoration or replacement.
        "Time-share estate."  An interval estate or a time-span
     estate.
        "Time-span estate."  A combination of:
            (1)  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
            (2)  the exclusive right to possession and occupancy of
        that unit during a regularly recurring period designated by
        the deed or by a recorded document referred to in the deed.
        "Unit."  A physical portion of the planned community
     designated for separate ownership or occupancy, the boundaries
     of which are described pursuant to section 5205(5) (relating to
     contents of declaration; all planned communities) and a portion
     of which may be designated by the declaration as part of the
     controlled facilities.
        "Unit owner."  A declarant or other person who owns a unit or
     a lessee of a unit in a leasehold planned community whose lease
     expires simultaneously with a lease, the expiration or
     termination of which will remove the unit from the planned
     community. The term does not include a person having an interest
     in a unit solely as security for an obligation.
        "Withdrawable real estate."  Real estate that may be
     withdrawn from a flexible planned community.
      § 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 be waived. A declarant may not
     act under a power of attorney or use any other device to evade
     the limitations or prohibitions of this subpart or the
     declaration.
      § 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, without
     limitation, the rights to any common facilities, constitutes a
     separate parcel of real estate. The conveyance or encumbrance of
     a unit includes the transfer of all of the rights, title and
     interest of the owner of that unit in the common facilities
     regardless of whether the instrument affecting the conveyance or
     encumbrance so states.
        (b)  Taxation and assessment.--If there is a unit owner other
     than a declarant, each unit must be separately taxed and
     assessed. The value of a unit shall include the value of that
     unit's appurtenant interest in the common facilities, excluding
     convertible or withdrawable real estate. The following shall
     apply:
            (1)  Except as provided in paragraph (2), no separate
        assessed value shall be attributed to and no separate tax
        shall be imposed against common facilities or controlled
        facilities.
            (2)  Convertible or withdrawable real estate shall be
        separately taxed and assessed until the expiration of the
        period during which conversion or withdrawal may occur.
        (c)  Certain additional prohibitions.--
            (1)  An association shall not impose any of the following
        fees against an owner or tenant of a unit in a planned
        community or against any person constructing, altering,
        renovating or repairing a unit in a planned community:
            (i)  a tapping, connection or other impact fee in excess
        of the actual direct cost incurred by the association for the
        connection or provision of water or sewer service to a
        building or improvement;
            (ii)  any fee for the right to construct, alter, renovate
        or repair a building or improvement except for an inclusive
        fee for the actual direct costs to the association of either:
                    (A)  architectural, aesthetic or landscaping plan
                reviews or inspections of units, building siting and
                exteriors, if those reviews or inspections are
                required by provisions of the declaration or
                association bylaws or rules and regulations and if
                such provisions requiring a fee to be paid for such
                reviews or inspections were in existence on or before
                December 31, 1995; or
                (B)  if association imposed building construction
            standards or building codes are permitted under section
            5106 (relating to applicability of local ordinances,
            regulations and building codes), building construction
            standards or building code review; and
            (iii)  any impact fee for road maintenance or road
        construction, except that the association shall not be
        precluded from recovering the cost of repair of any damage
        that is caused to roads or other common elements in the
        course of construction, alteration, renovation or repair.
            (2)  Except as specifically provided in this section, an
        association shall not impose any fees related to
        construction, alteration, renovation or repair of a unit.
      § 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 regulation may not
     prohibit a planned community form of ownership or impose any
     requirement upon any structure in a planned community which it
     would not impose upon a physically identical structure under a
     different form of ownership.
        (b)  Current law unaffected.--Except as provided in
     subsection (a), no provision of this subpart invalidates or
     modifies any provision of any zoning, subdivision, building code
     or other real estate law, ordinance or regulation.
        (c)  Status.--The creation of a planned community under
     section 5201 (relating to creation of planned community) out of
     an entire lot, parcel or tract of real estate shall not, in and
     of itself, constitute a subdivision or land development for the
     purpose of laws, ordinances and regulations.
        (d)  Building code.--An association shall be preempted by any
     federally, State or locally imposed building code, standard or
     regulation applicable to a building in a planned community from
     imposing any building construction standards or building codes
     for buildings to be constructed, renovated, altered or modified
     in a planned community. In the absence of a federally, State or
     locally imposed building code, standard or regulation applicable
     to a building in a planned community, an association shall not
     have the power to impose any building construction standards or
     building codes for buildings to be constructed, renovated,
     altered or modified in a planned community except:
            (1)  the BOCA National Building Code, 1996 edition
        (excluding Chapter 13, Energy Conservation) (the "BOCA Code")
        for other than for one-family or two-family residential
        dwellings, together with the most recently published version
        of the National Fuel Gas Code (NFPA 54/ANSI Z223.1), as such
        may be updated periodically, for the installation of fuel gas
        piping systems, fuel gas utilization equipment and related
        accessories, and the most recently published version of the
        National Electric Code (NFPA 70), an ANSI accredited
        document, as such may be updated periodically, for the
        construction and subsequent inspection of electrical
        facilities and equipment; or
            (2)  with respect to one-family or two-family residential
        dwellings, unless the declarant or a successor declarant
        elects to comply with the BOCA Code, the Council of American
        Building Officials (CABO) One and Two Family Dwelling Code,
        1992 edition (excluding Part VII-Energy Conservation and
        Chapter 25 of Part V-Sewers and Private or Individual Sewage
        Disposal Systems), together with the most recently published
        version of the National Fuel Gas Code (NFPA 54/ANSI Z223.1),
        as such may be updated periodically, for the installation of
        fuel gas piping systems, fuel gas utilization equipment and
        related accessories, and the most recently published version
        of the National Electric Code (NFPA 70), an ANSI accredited
        document, as such may be updated periodically, for the
        construction and subsequent inspection of electrical
        facilities and equipment.
     The applicable building code shall constitute the maximum and
     the only acceptable standard governing building structures.
     However, nothing in this section shall preclude an association
     if and to the extent authorized by the declaration or
     association bylaws, rules and regulations, from providing for
     architectural review of units, landscaping, building exteriors
     and aesthetics or from implementing requirements that may be
     imposed from time to time by underwriters of insurance actually
     maintained on portions of the planned community.
      § 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 with a remnant which may not practically or lawfully
     be used for any purpose permitted by the declaration, the award
     shall compensate the unit owner for the unit and, except for the
     value, if any, of the interest of other units in any controlled
     facilities that were, at the time of the taking, a part of the
     unit subject to the taking, its appurtenant interest in the
     planned community reflected by its allocated common expenses
     liability, whether or not any common elements are acquired. Upon
     acquisition, unless the decree otherwise provides, the unit's
     allocated votes and liabilities shall automatically be
     reallocated to the remaining units in proportion to the
     respective allocated votes and liabilities of those units before
     the taking. The association shall promptly prepare, execute and
     record an amendment to the declaration reflecting the
     reallocations. Any remnant of a unit remaining after part of a
     unit is taken under this subsection shall be a common facility.
        (b)  Acquisition of part of unit.--Except as provided in
     subsection (a), if part of a unit is acquired by eminent domain,
     the award shall compensate the unit owner for the reduction in
     value of the unit and its appurtenant interest in the planned
     community, whether or not any common facilities or controlled
     facilities are acquired, and shall compensate the association
     for the value, if any, of the interest of other units in any
     controlled facilities that were, at the time of the taking, a
     part of the unit subject to the taking. Upon acquisition, unless
     the decree otherwise provides, the following shall apply:
            (1)  The unit's appurtenant votes in the association and
        common expense liability shall be reduced on the basis
        specified in the declaration with respect to the reallocation
        of votes and common expense liability in the event of eminent
        domain or, if the declaration does not specify a basis, as
        initially allocated based on the formulae stated in the
        declaration under section 5208 (relating to allocation of
        votes and common expense liabilities).
            (2)  The portion of the appurtenant votes and common
        expense liability divested from the partially acquired unit
        shall be automatically reallocated to that unit and the
        remaining units in proportion to the respective appurtenant
        votes and liabilities of those units before the taking, with
        the partially acquired unit participating in the reallocation
        on the basis of its reduced allocated votes and liabilities.
        (c)  Acquisition of part of common facilities.--If part of
     the common facilities is acquired by eminent domain, the portion
     of the award attributable to the interest of the association in
     the common facilities taken shall be paid to the association.
     The association shall divide any portion of the award not used
     for any restoration or repair of the remaining common facilities
     among the unit owners in proportion to the common expense
     liability attributable to the units before the taking, but any
     portion of the award attributable to the acquisition of a
     limited common facility shall be equally divided among the
     owners of the units to which that limited common facility was
     allocated at the time of acquisition or in any manner as
     provided in the declaration.
        (d)  Acquisition of part of the controlled facilities.--If,
     as part of a unit acquired by eminent domain, controlled
     facilities are taken which benefit other units, that portion of
     the award attributable to the interest of the other units in the
     controlled facilities taken shall be paid to the association.
     The association shall divide any portion of the award not used
     for any restoration or repair of the remaining controlled
     facilities equally among the unit owners whose units were
     benefited by the controlled facilities that have been taken.
      § 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 to contract, principal
     and agent, eminent domain, estoppel, fraud, misrepresentation,
     duress, coercion, mistake, receivership, substantial
     performance, or other validating or invalidating cause
     supplement the provisions of this subpart, except to the extent
     inconsistent with this subpart.
      § 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 implicitly repealed by subsequent legislation if that
     construction can reasonably be avoided.
      § 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 this subpart among states enacting it.
      § 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 applications of this subpart which
     can be given effect without the invalid provisions or
     application, and to this end the provisions of this subpart are
     severable.
      § 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 was made, may:
            (1)  refuse to enforce the contract;
            (2)  enforce the remainder of the contract without the
        unconscionable clause; or
            (3)  limit the application of any unconscionable clause
        in order to avoid an unconscionable result.
        (b)  Parties may present evidence.--Whenever it is claimed or
     appears to the court that a contract or any contract clause is
     or may be unconscionable, the parties, in order to aid the court
     in making the determination, shall be afforded a reasonable
     opportunity to present evidence as to:
            (1)  the commercial setting of the negotiations;
            (2)  whether a party has knowingly taken advantage of the
        inability of the other party reasonably to protect his
        interests by reason of physical or mental infirmity,
        illiteracy or inability to understand the language of the
        agreement or similar factors;
            (3)  the effect and purpose of the contract or clause;
            (4)  if a sale, any gross disparity, at the time of
        contracting, between the amount charged for the real estate
        and the value of the real estate measured by the price at
        which similar real estate was readily obtainable in similar
        transactions, but a disparity between the contract price and
        the value of the real estate measured by the price at which
        similar real estate was readily obtainable in similar
        transaction does not of itself render the contract
        unconscionable.
      § 5113.  Obligation of good faith.
        Every contract or duty governed by this subpart imposes an
     obligation of good faith in its performance or enforcement.
      § 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 position as if the other party had
     fully performed. However, consequential, special or punitive
     damages may not be awarded except as specifically provided in
     this subpart or by other rule of law.
        (b)  Judicial enforcement of rights and obligations.--Any
     right or obligation declared by this subpart is enforceable by
     judicial proceeding.
                                CHAPTER 52
                 CREATION, ALTERATION AND TERMINATION OF
                           PLANNED COMMUNITIES
     Sec.
     5201.  Creation of planned community.
     5202.  Unit boundaries.
     5203.  Construction and validity of declaration and bylaws.
     5204.  Description of units.
     5205.  Contents of declaration; all planned communities.
     5206.  Contents of declaration for flexible planned
            communities.
     5207.  Leasehold planned communities.
     5208.  Allocation of votes and common expense liabilities.
     5209.  Limited common elements.
     5210.  Plats and plans.
     5211.  Conversion and expansion of flexible planned
            communities.
     5212.  Withdrawal of withdrawable real estate.
     5213.  Alteration of units.
     5214.  Relocation of boundaries between units.
     5215.  Subdivision or conversion of units.
     5216.  Easement for encroachments.
     5217.  Declarant offices, models and signs.
     5218.  Easement to facilitate completion, conversion and
            expansion.
     5219.  Amendment of declaration.
     5220.  Termination of planned community.
     5221.  Rights of secured lenders.
     5222.  Master associations.
     5223.  Merger or consolidation of planned community.
      § 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 persons whose interests in the real estate will be
     conveyed to unit owners and by every lessor of a lease, the
     expiration or termination of which will terminate the planned
     community or reduce its size. If the lessor is the Commonwealth,
     a municipal government or any agency of either, the lessor need
     not execute the declaration if it has previously given written
     notice of its filing and agreed to be bound by the provisions of
     this subpart, in which case the declaration shall be executed by
     the lessee in possession of the subject property. The
     declaration must be recorded in every county in which any
     portion of the planned community is located, must be indexed in
     the same records as are notarized for the recording of a deed
     and shall identify each declarant as the grantor and the name of
     the planned community as grantee.
      § 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 are a part of the unit.
            (2)  If any fixture or improvement lies partially within
        and partially outside the designated boundaries of a unit,
        any portion of the fixture or improvement serving only that
        unit is a limited common element allocated solely to that
        unit, and any portion of the fixture or improvement serving
        more than one unit or any portion of the common facilities is
        a part of the common elements.
            (3)  Any fixtures or improvements designed or designated
        in the declaration to serve a single unit, but located
        outside the unit's boundaries, are limited common elements
        allocated exclusively to that 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 defeat any provision
     of the declaration or this subpart or any instrument executed
     pursuant to the declaration or this subpart.
        (c)  Conflict between declaration and bylaws.--If there is a
     conflict between the declaration and the bylaws, the declaration
     shall prevail except to the extent the declaration is
     inconsistent with this subpart.
        (d)  Effect of noncompliance on title to unit.--Title to a
     unit and its appurtenant votes in the association shall not be
     rendered unmarketable or otherwise affected by any provision of
     unrecorded bylaws or by reason of an insubstantial failure of
     the declaration to comply with this subpart.
      § 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, the county or counties in
     which the planned community is located and the identifying
     number of the unit is a sufficient legal description of that
     unit and all rights, obligations and interests appurtenant to
     that unit which were created by the declaration or bylaws.
     Deeds, leases and mortgages of units shall be recorded in the
     same records as are maintained by the recorder for the recording
     of like instruments and indexed by the recorder in the same
     manner as like instruments are indexed.
      § 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 by the
        words "a planned community."
            (2)  The name of every county in which any part of the
        planned community is situated.
            (3)  A legally sufficient description of the real estate
        included in the planned community.
            (4)  A description or delineation of the boundaries of
        each unit, including the unit's identifying number.
            (5)  A statement of the maximum number of units that may
        be created by the subdivision or conversion of units owned by
        the declarant pursuant to section 5215 (relating to
        subdivision or conversion of units).
            (6)  A description of any controlled facilities and the
        obligations of the association for the maintenance,
        improvement, repair, replacement, regulation, management,
        insurance or control of the controlled facilities.
            (7)  A description of any limited common facilities and
        any limited controlled facilities as provided in section 5209
        (relating to limited common elements) and limited common
        expenses, if any, and how they are assessed.
            (8)  A description of any common facilities and
        controlled facilities not within the boundaries of any
        convertible real estate which may be allocated subsequently
        as limited common facilities or limited controlled
        facilities, with a statement that they may be so allocated
        and a description of the method by which the allocations are
        to be made.
            (9)  An allocation to each unit of a portion of the votes
        in the association and a percentage or fraction of the common
        expenses of the association in section 5208 (relating to
        allocation of votes and common expense liabilities).
            (10)  Any restrictions created by the declarant on use,
        occupancy and alienation of the units and any easement or
        license rights that unit owners are to have with respect to
        the use or enjoyment of any of the common elements and that
        are not contained in other documents which are recorded.
            (11)  The recording data for recorded easements and
        licenses appurtenant to or included in the planned community
        or to which any portion of the planned community is or may
        become subject.
            (12)  If all or any of the units are or may be owned in
        time-share estates, which units may be owned in time-share
        estates and the maximum number of time-share estates that may
        be created in the planned community; it being intended that
        time-share estates shall not be permitted except if and to
        the extent expressly authorized by the declaration.
            (13)  If the declarant wishes to retain the special
        declarant right to cause section 5222 (relating to master
        associations) to become applicable to a planned community,
        then:
                (i)  an explicit reservation of such right;
                (ii)  a statement of the time limit, not exceeding
            seven years after the recording of the declaration, upon
            which the option reserved under subparagraph (i) will
            lapse, together with and a statement of any circumstances
            that will terminate the option before the expiration of
            the time limit; and
                (iii)  the information required to be included in the
            declaration by the provisions of section 5222.
            (14)  If the declarant wishes to retain the special
        declarant right to merge or consolidate the planned community
        pursuant to section 5223 (relating to merger or consolidation
        of planned community), then all of the following:
                (i)  An explicit reservation of such right.
                (ii)  A statement of the time limit, not exceeding
            seven years after the recording of the declaration, upon
            which any option reserved under subparagraph (i) will
            lapse, together with a statement of any circumstances
            that will terminate the option before the expiration of
            the time limit.
                (iii)  A statement of the name and location of each
            other planned community that may be subject to such a
            merger or consolidation. If such other planned
            communities do not exist, then the declaration shall
            include the following:
                    (A)  A statement of the extent to which the
                interest in the association, relative voting strength
                in the association and share of common expense
                liability of each unit in the planned community at
                the time the merger or consolidation is effectuated
                may be increased or decreased by actions pursuant to
                any option reserved under subparagraph (i), including
                the formulas to be used for those reallocations.
                    (B)  Legally sufficient descriptions of each
                portion of real estate that is part of any other
                planned communities with which the planned community
                may merge or consolidate.
                    (C)  If mergers of consolidations may be
                effectuated at different times, a statement to that
                effect, together with:
                        (I)  either a statement fixing the boundaries
                    of those planned communities and regulating the
                    order in which they may be merged or consolidated
                    or a statement that no assurances are made in
                    those regards; and
                        (II)  a statement as to whether, if any other
                    planned communities are merged or consolidated
                    with the planned community, all or any of such
                    planned communities must be merged or
                    consolidated.
                    (D)  A statement of:
                        (I)  the maximum number of units that may be
                    created within the other planned communities, the
                    boundaries of which are fixed under clause (C);
                        (II)  how many of those units will be
                    restricted exclusively to residential use; and
                        (III)  the maximum number of units per acre
                    that may be created within any such other planned
                    communities, the boundaries of which are not
                    fixed under clause (C).
                    (E)  If any of the units that may be built within
                any of the other planned communities are not to be
                restricted exclusively to residential use, a
                statement with respect to each other planned
                community of the maximum percentage of the real
                estate areas and the maximum percentage of the floor
                areas of all units that may be created in the planned
                community that are not restricted exclusively to
                residential use.
                    (F)  A statement of the extent to which any
                buildings and units that may be part of the other
                planned communities will be compatible with the other
                buildings and units in the planned community in terms
                of architectural style, quality of construction,
                principal materials employed in construction and size
                or a statement that no assurances are made in those
                regards.
                    (G)  A statement that all restrictions in the
                declaration affecting use, occupancy and alienation
                of units will apply to units created within any of
                the other planned communities or a statement of any
                differentiations that may be made as to those units.
                    (H)  General descriptions of all other
                improvements and limited common elements that may be
                made or created within the other planned communities
                or a statement that no assurances are made in that
                regard.
                    (I)  A statement of any limitations as to the
                locations of any buildings or other improvements that
                may be made within the other planned communities or a
                statement that no assurances are made in that regard.
                    (J)  A statement that any limited common elements
                created within any other planned communities will be
                of the same general types and sizes as those within
                the planned community, a statement of any other
                assurances in that regard or a statement that no
                assurances are made in that regard.
                    (K)  A statement that the proportion of limited
                common elements to units created within the other
                planned communities will be approximately equal to
                the proportion existing within the planned community,
                a statement of any assurances in that regard or a
                statement that no assurances are made in that regard.
                    (L)  A statement of whether and to what extent
                assurances made in the declaration regarding the
                other planned communities under clauses (C) through
                (K) apply if the other planned communities are not
                merged or consolidated with the planned community.
                (iv)  A summary description of the other provisions
            which materially change any rights, obligations or
            liabilities that will be included in the agreement of
            merger or consolidation if the right to merge or to
            consolidate is exercised.
            (15)  If a declarant wishes to retain the right to
        subject any portion of the planned community to an easement
        or license in favor of any real estate not included in the
        planned community or in favor of any person who is not an
        owner or occupant of a unit in the planned community, then an
        explicit reservation and description of such right and a
        description of the effects on the association and the unit
        owners of the easement or license, including, without
        limitation, any impact on the budget of the association.
            (16)  If a declarant wishes to retain the right to
        designate as a common facility any portion of a planned
        community or any improvement or facility then existing or
        contemplated for a planned community, then all of the
        following:
                (i)  An explicit reservation of such right and an
            identification and description of the portion of the
            planned community, improvement or facility.
                (ii)  A statement of when any portion of a planned
            community, improvement or facility will become a common
            facility and that the portion will be conveyed or leased
            to the association by the declarant or a successor to the
            interest of the declarant in the portion by the later of
            the date of conveyance or lease by the declarant of the
            last unit the declarant reserves the right to include in
            the planned community or the date of expiration of the
            rights under section 5211 (relating to conversion and
            expansion of flexible planned communities).
                (iii)  A statement that the obligation of the
            declarant to convey or lease to the association a portion
            of the planned community, improvement or facility shall
            be binding on the declarant and any successor in interest
            of the declarant in the portion whether or not the
            successor succeeds to any special declarant right.
                (iv)  A statement of who will own the portion of the
            planned community, improvement or facility before a
            conveyance or lease to the association.
                (v)  A description of the procedure to be followed by
            the declarant and the association for the conveyance or
            lease to the association.
                (vi)  A statement that the portion of the planned
            community, improvement or facility will be conveyed or
            leased to the association for no consideration other than
            the association's acceptance of the conveyance or lease
            or, if additional consideration is to be given by the
            association for the conveyance, a description of the
            consideration and a description of the effects on the
            association and each unit owner of the association
            providing the consideration, including the impact on the
            budget of the association and common expense or other
            liabilities of the unit owners.
                (vii)  A description of the effect of the conveyance
            or lease to the association of the portion of the planned
            community, improvement or facility on the expenses and
            budget of the association and the common expense
            liability of the unit owners.
                (viii)  A statement that no conveyance or lease to
            the association of any portion of the planned community,
            improvement or facility shall occur until the portion has
            been completed unless a third-party guarantee, bond,
            escrow, letter of credit or other mechanism assuring
            completion has been provided by the declarant, in
            addition to the declarant's own guarantee of completion,
            for the benefit of the association and a statement that
            the third-party mechanism and the declarant's own
            guarantee shall not expire until completion of the
            portion of the planned community, improvement or
            facility.
                (ix)  As to any uncompleted improvement or facility
            that may become a common facility:
                    (A)  a statement of the time for completion of
                such improvement or facility;
                    (B)  a statement that a declarant is required to
                complete such improvement or facility by the later of
                the date of the conveyance or lease by the declarant
                of the last unit the declarant reserves the right to
                include in the planned community or the date of the
                expiration of the rights under section 5211;
                    (C)  a statement that, until the facility or
                improvement is completed, the declarant shall be
                solely responsible for real estate taxes assessed
                against or allocable to the improvement or facility
                and for all other expenses in connection with the
                improvement or facility; and
                    (D)  a description of any third-party guarantee,
                bond, escrow, letter of credit or other mechanism
                that the declarant shall provide, in addition to the
                declarant's own guarantee of completion, to assure,
                for the benefit of the association, completion of the
                improvement or facility and a statement of the time
                limit, if any, of the term of such third-party
                guarantee, bond, escrow, letter of credit or other
                mechanism or, if no such mechanism is to be provided
                by the declarant, an explicit statement that no
                third-party guarantee, bond, escrow, letter of credit
                or other mechanism shall be provided by the
                declarant, and only the declarant's own guarantee
                shall be provided to assure completion of the
                improvement or facility.
            (17)  Any other matters the declarant deems appropriate.
      § 5206.  Contents of declaration for flexible planned
                communities.
        The declaration for a flexible planned community shall
     include, in addition to the matters specified in section 5205
     (relating to contents of declaration; all planned communities),
     all of the following:
            (1)  An explicit reservation of any options to create
        units, limited common elements or both, within convertible
        real estate or to add additional real estate to or withdraw
        withdrawable real estate from the planned community.
            (2)  A statement of the time limit, not exceeding seven
        years after the recording of the declaration, upon which any
        option reserved under paragraph (1) will lapse, together with
        a statement of circumstances that will terminate the option
        before the expiration of the time limit.
            (3)  A statement of any limitations on any option
        reserved under paragraph (1), other than limitations created
        by or imposed by operation of law, or a statement that there
        are no such limitations.
            (4)  A statement of the extent to which the interest in
        the associations, relative voting strength in the association
        and share of common expenses liability of each unit in the
        planned community at the time the declaration is recorded may
        be increased or decreased by actions pursuant to any option
        reserved under paragraph (1), including the formulas to be
        used for those reallocations.
            (5)  Legally sufficient descriptions of each portion of
        convertible, additional and withdrawable real estate.
            (6)  If portions of any convertible, additional or
        withdrawable real estate may be converted, added or withdrawn
        at different times, a statement to that effect, together
        with:
                (i)  a statement fixing the boundaries of those
            portions and regulating the order in which they may be
            converted, added or withdrawn or a statement that no
            assurances are made in those regards; and
                (ii)  a statement as to whether, if any portion of
            convertible, additional or withdrawable real estate is
            converted, added or withdrawn, all or any particular
            portion of that or any other real estate must be
            converted, added or withdrawn.
            (7)  A statement of:
                (i)  the maximum number of units that may be created
            within any additional or convertible real estate or
            within any portion of either, the boundaries of which are
            fixed under paragraph (6);
                (ii)  how many of those units will be restricted
            exclusively to residential use; and
                (iii)  the maximum number of units per specified
            volume of space that may be created within any portions
            the boundaries of which are not fixed under paragraph
            (6).
            (8)  If any of the units that may be built within any
        additional or convertible real estate are not to be
        restricted exclusively to residential use, a statement with
        respect to each portion of the additional and convertible
        real estate of the maximum percentage of the real estate
        areas and the maximum percentage of the areas of all units
        that may be created therein that are not restricted
        exclusively to residential use.
            (9)  A statement of the extent to which any buildings and
        units that may be erected upon each portion of the additional
        and convertible real estate will be compatible with the other
        buildings and units in the planned community in terms of
        architectural style, quality of construction, principal
        materials employed in construction and size or a statement
        that no assurances are made in those regards.
            (10)  A statement that all restrictions in the
        declaration affecting use, occupancy and alienation of units
        will apply to units created within any convertible or
        additional real estate or a statement of any differentiations
        that may be made as to those units.
            (11)  General descriptions of all other improvements and
        limited common elements that may be made or created upon or
        within each portion of the additional or convertible real
        estate or a statement that no assurances are made in that
        regard.
            (12)  A statement of any limitations as to the locations
        of any buildings or other improvements that may be made
        within convertible or additional real estate or a statement
        that no assurances are made in that regard.
            (13)  A statement that any limited common elements
        created within any convertible or additional real estate will
        be of the same general types and sizes as those within other
        parts of the planned community, a statement of any other
        assurances in that regard or a statement that no assurances
        are made in that regard.
            (14)  A statement that the proportion of limited common
        elements to units created within convertible or additional
        real estate will be approximately equal to the proportion
        existing within other parts of the planned community, a
        statement of any other assurances in that regard or a
        statement that no assurances are made in that regard.
            (15)  A statement of the extent to which any assurances
        made in the declaration regarding additional or withdrawable
        real estate under paragraphs (6) through (14) apply if any
        additional real estate is not added to or any withdrawable
        land is withdrawn from the planned community or a statement
        that those assurances do not apply if the real estate is not
        added to or withdrawn from the planned community.
      § 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.
      § 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 association to each unit and state
     the formulas used to establish those allocations. Such formulas
     may take into account unusual attributes of identified units if
     the formulas state how the deviation from the normal rule
     applies to such units.
        (b)  Flexible planned communities.--If units may be added,
     including by conversion of convertible real estate to one or
     more units, to or withdrawn from the planned community, the
     declaration shall state the formulas to be used to reallocate
     the fractions, as percentages of the allocated share of the
     common expenses of the association and the percentages of votes
     in the association, among all units included in the planned
     community after the addition or withdrawal.
        (c)  Votes.--
            (1)  Each unit shall be allocated one or more votes in
        the association. The declaration shall specify how votes in
        the association shall be allocated among the units and may
        provide:
                (i)  for different allocations of votes among units
            on particular matters specified in the declaration; and
                (ii)  for class voting on specified issues affecting
            a particular class of units if necessary to protect the
            valid interests of the owners of such units and not
            affecting units outside of the class.
            (2)  Cumulative voting shall only be permitted if so
        provided expressly in the declaration and only for the
        purpose of electing members of the executive board. A
        declarant may not utilize cumulative or class voting for the
        purpose of evading any limitation imposed on declarants by
        this subpart. The declaration may provide that different
        allocations of votes shall be made to the units in particular
        matters specified in the declaration.
        (d)  Alteration or partition of allocations.--Except as
     provided in section 5107 (relating to eminent domain), 5211
     (relating to conversion and expansion of flexible planned
     communities), 5212 (relating to withdrawal of withdrawable real
     estate), 5214 (relating to relocation of boundaries between
     units) or 5215 (relating to subdivision or conversion of units),
     the votes and common expense liability allocated to any unit may
     not be changed without the consent of all unit owners whose
     allocated votes and common expense liabilities are changed. The
     common elements are not subject to partition, and any purported
     conveyance, encumbrance, judicial sale or other voluntary or
     involuntary transfer of an undivided interest in the common
     elements made without the unit to which it is allocated is void.
        (e)  Calculations for undivided interests.--Except for minor
     variations due to rounding, the sum of the common expense
     liabilities allocated at any time to all the units must equal
     one if stated as a fraction or 100% if stated as percentages. If
     there is a discrepancy between the allocated common expense
     liability and the result derived from application of the
     formulas, the allocated common expense liability prevails.
      § 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 limited
     common element is allocated, distinguishing between limited
     common facilities and limited controlled facilities. That
     allocation may not be altered without the consent of the unit
     owners whose units are affected.
        (b)  Reallocation.--Subject to any provisions of the
     declaration, a limited common element may be reallocated by a
     recorded assignment executed by the unit owners between or among
     whose units the reallocation is made or by an amendment to the
     declaration executed by the unit owners. The persons executing
     assignment or the amendment to the declaration shall provide a
     copy to the association.
        (c)  Common elements not previously allocated.--A common
     element not previously allocated as a limited common element may
     not be so allocated except pursuant to provisions in the
     declaration made in accordance with section 5205(7) (relating to
     contents of declaration; all planned communities). The
     declaration may provide that the allocations shall be made by
     deeds or assignments executed by the declarant or the
     association or by amendments to the declaration.
      § 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 required by this section is
     contained in either a plat or plan. Each plat and plan must be
     clear and legible. The plats and plans must contain, on the
     first page of the plats and plans, a certification that all of
     the plats and plans contain all information required by this
     section.
        (b)  Contents of plat.--Each plat must show all of the
     following:
            (1)  The name, location and dimensions of the planned
        community.
            (2)  The location and dimensions of all existing
        improvements.
            (3)  The intended location and dimensions of any
        contemplated improvement to be constructed anywhere within
        the planned community labeled with "MUST BE BUILT" or "NEED
        NOT BE BUILT." Contemplated improvements within the
        boundaries of convertible real estate need not be shown, but,
        if contemplated improvements within the boundaries of
        convertible real estate are shown, they must be labeled "MUST
        BE BUILT" or "NEED NOT BE BUILT."
            (4)  The location and dimensions of any convertible real
        estate, labeled as such.
            (5)  The location and dimensions of any withdrawable real
        estate, labeled as such.
            (6)  The location and dimensions of any additional real
        estate, labeled as such.
            (7)  The extent of any encroachments by or upon any
        portion of the planned community.
            (8)  To the extent feasible, the location and dimensions
        of all easements serving or burdening any portion of the
        planned community.
            (9)  The location and dimensions of any vertical unit
        boundaries not shown or projected on plans recorded under
        subsection (c) and that unit's identifying number.
            (10)  The location with reference to an established datum
        of any horizontal unit boundaries not shown or projected on
        plans recorded under subsection (c) and that unit's
        identifying number.
            (11)  The location and dimensions of any real estate in
        which the unit owners will own only an estate for years,
        labeled as "leasehold real estate."
            (12)  The distance between noncontiguous parcels of real
        estate comprising the planned community.
            (13)  The location and dimensions of limited common
        elements, including porches, balconies and patios, other than
        parking spaces and the other limited common elements
        described in section 5202 (relating to unit boundaries) not
        shown on plans referred to in subsection (c).
            (14)  All other matters customarily shown on land
        surveys.
        (c)  Contents of plans.--To the extent not shown or projected
     on the plats, plans of every building that contains or comprises
     all or part of any unit and is located or must be built within a
     portion of the planned community, other than within the
     boundaries of any convertible real estate, must show all of the
     following:
            (1)  The location and dimensions of the vertical
        boundaries of each unit, to the extent those boundaries lie
        within or coincide with the boundaries of the building in
        which the unit is located, and that unit's identifying
        number.
            (2)  Any horizontal unit boundaries, with reference to an
        established datum not shown on plats recorded under
        subsection (b), and that unit's identifying number.
            (3)  Any units that may be converted by the declarant to
        create additional units or common elements under section 5215
        (relating to subdivision or conversion of units), identified
        appropriately.
            (4)  The location and dimensions of limited common
        elements, including porches, balconies and patios, other than
        parking spaces and other limited common elements described in
        sections 5202 and 5209 (relating to limited common elements)
        not shown on plats recorded under subsection (b).
        (d)  Horizontal boundaries of unit partly outside building.--
     Unless the declaration provides otherwise, the horizontal
     boundaries of part of a unit located outside of a building have
     the same elevation as the horizontal boundaries of the inside
     part and need not be depicted on the plats and plans.
        (e)  Converting or adding real estate.--Upon converting
     convertible real estate or adding additional real estate taking
     action under section 5211 (relating to conversion and expansion
     of flexible planned communities), the declarant shall record new
     plats for that real estate conforming to the requirements of
     subsection (b) and new plans for any buildings on that real
     estate conforming to the requirements of subsection (c). If less
     than all of any convertible real estate is being converted, the
     new plats must also show the location and dimensions of any
     remaining portion.
        (f)  Converting units.--If a declarant converts any unit into
     two or more units or limited common elements or both under
     section 5215, the declarant shall record new plats and plans
     showing the location and dimensions of any new units and limited
     common elements thus created, as well as the location and
     dimension of any portion of that space not being converted.
        (g)  Alternative recording.--Instead of recording new plats
     and plans as required by subsections (e) and (f), the declarant
     may record new certifications of plats and plans previously
     recorded if those plats and plans show all improvements required
     by subsections (e) and (f).
        (h)  Who may make certifications.--Any certification of a
     plat or plan required by this section or section 5201 (relating
     to creation of planned community) must be made by an independent
     registered surveyor, architect or professional engineer.
      § 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 reserved under
     section 5206 (relating to contents of declaration for flexible
     planned communities), the declarant shall prepare, execute and
     record an amendment to the declaration under section 5219
     (relating to amendment of declaration) and comply with section
     5210 (relating to plats and plans). The declarant is the unit
     owner of any units thereby created. The amendment to the
     declaration must assign an identifying number to each unit
     formed in the convertible or additional real estate and
     reallocate votes in the association and common expense
     liabilities. The amendment must describe or delineate any
     limited common elements formed out of the convertible or
     additional real estate, showing or designating the unit to which
     each is allocated to the extent required by section 5209
     (relating to limited common elements).
        (b)  Creations within additional real estate.--Convertible or
     withdrawable real estate may be created within any additional
     real estate added to the planned community if the amendment
     adding that real estate includes all matters required by section
     5205 (relating to contents of declaration; all planned
     communities) or 5206, as the case may be, and the plat includes
     all matters required by section 5210. This subsection does not
     extend the time limit on conversion or contraction of a flexible
     planned community imposed by the declaration under section 5206.
        (c)  Liability for expenses and right to income.--Until
     conversion occurs or the period during which conversion may
     occur expires, whichever occurs first, the declarant alone is
     liable for real estate taxes assessed against convertible real
     estate and all other expenses in connection with that real
     estate. No other unit owner and no other portion of the planned
     community is subject to a claim for payment of those taxes or
     expenses. Unless the declaration provides otherwise, any income
     or proceeds from convertible real estate inures to the
     declarant.
      § 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 for
     flexible planned communities), the declarant shall prepare,
     execute and record an amendment to the declaration containing a
     legally sufficient description of the real estate being
     withdrawn and stating the fact of withdrawal. The amendment must
     reallocate votes in the association and common expense
     liabilities to the remaining units in the planned community in
     proportion to the respective votes and liabilities of those
     units before the withdrawal. The reallocation is effective when
     the amendment is recorded.
        (b)  When withdrawal prohibited.--If a portion of a planned
     community was described under section 5206, that portion may not
     be withdrawn if any person other than the declarant owns a unit
     situated therein. If the portion was not so described, none of
     it is withdrawable if any person other than the declarant owns a
     unit situated therein.
        (c)  Liability for expenses and right to income.--Until
     withdrawal occurs or the period during which withdrawal may
     occur expires, whichever occurs first, the declarant alone is
     liable for real estate taxes assessed against withdrawable real
     estate and all other expenses in connection with that real
     estate. No other unit owner and no other portion of the planned
     community is subject to a claim for payment of those taxes or
     expenses. Unless the declaration provides otherwise, any income
     or proceeds from withdrawable real estate inures to the
     declarant.
      § 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 or
        alterations to the unit that do not impair the structural
        integrity or mechanical systems or lessen the support of any
        portion of the planned community.
            (2)  A unit owner may not change the appearance of the
        common elements or any other portion of the planned community
        other than portions of units that are not controlled
        facilities, without the permission of the association.
        However, a unit owner may change the exterior appearance of a
        unit except any portion of a unit which is a controlled
        facility, without the permission of the association.
            (3)  After acquiring an adjoining unit or an adjoining
        part of an adjoining unit, a unit owner may remove or alter
        any intervening partition or create apertures therein, even
        if the partition in whole or in part is a common element, if
        those acts do not impair the structural integrity or
        mechanical systems or lessen the support of any portion of
        the planned community. Removal of partitions or creation of
        apertures under this paragraph is not an alteration of
        boundaries.
      § 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 to the
     declaration upon application to the association by the owners of
     those units. If the owners of the adjoining units have specified
     a reallocation between their units of their allocated votes in
     the association and common expense liability, the application
     must state the proposed reallocations. Unless the executive
     board determines, within 30 days, that the reallocations are
     unreasonable, the association shall prepare an amendment that
     identifies the units involved, states the reallocations, is
     executed by those unit owners, contains words of conveyance
     between them, and, upon recording, is indexed in the name of the
     grantor and the grantee.
        (b)  Recording.--The association shall prepare and record
     plats or plans necessary to show the altered boundaries between
     adjoining units and their dimensions and identifying numbers.
      § 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 owned by a declarant, may be subdivided into two or
     more units, common elements or a combination of units and common
     elements. Subject to the provisions of the declaration and other
     provisions of law, upon application of a unit owner to subdivide
     a unit or upon application of a declarant to convert a unit, the
     association shall prepare, execute and record an amendment to
     the declaration, including the plats and plans, subdividing or
     converting that unit.
        (b)  Execution and contents of amendment.--The amendment to
     the declaration must be executed by the owner of the unit to be
     subdivided, must assign an identifying number to each unit
     created and must reallocate the allocated votes in the
     association and common expense liability formerly allocated to
     the subdivided unit to the new units in any reasonable manner
     prescribed by the owner of the subdivided unit.
        (c)  Conversion of unit of declarant to common elements.--In
     the case of a unit owned by a declarant, if a declarant converts
     all of a unit to common elements, the amendment to the
     declaration must reallocate among the unit owners votes in the
     association and common expense liability formerly allocated to
     the converted unit on a pro rata basis, inter se.
      § 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 easement does not relieve a unit owner
     of liability in case of the unit owner's willful misconduct nor
     relieve a declarant or any contractor, subcontractor or
     materialman or any other person of liability for failure to
     adhere to the plats and plans.
      § 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 sale or rental of units
     owned by the declarant in the planned community if the
     declaration so provides and specifies the rights of a declarant
     with regard to the number, size, location and relocation
     thereof. At such time as a declarant ceases to be a unit owner,
     the declarant ceases to have any rights with regard to such
     portions of the common elements so used unless the portions are
     removed promptly from the planned community in accordance with a
     right to remove reserved in the declaration. Upon the relocation
     of a model or office constituting a common element, a declarant
     may remove all personal property and fixtures therefrom. Any
     fixtures not so removed shall be deemed common elements, and any
     personal property not so removed shall be deemed the property of
     the association.
        (b)  Signs.--Subject to any limitation in the declaration, a
     declarant may maintain signs in the declarant's units and on the
     common elements advertising units in the planned community owned
     by the declarant for sale or lease.
        (c)  Units.--A declarant shall have the right to locate,
     relocate and maintain offices and models used only in connection
     with management of or sale or rental of units owned by the
     declarant in the planned community in the declarant's unit or
     units in the planned community notwithstanding the fact that the
     declaration would otherwise preclude use of units for such
     purpose, but subject to all other provisions in the declaration,
     including without limitation, modification or elimination of the
     declarant's rights under this subsection by specific reference
     thereto.
      § 5218.  Easement to facilitate completion, conversion and
                expansion.
        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 discharging a declarant's
     obligations or exercising special declarant rights. In addition,
     without affecting the rights, if any, of each unit owner with
     respect to the use and enjoyment of the common elements, subject
     to the provisions of the declaration, each unit owner and its
     agents, contractors and invitees shall have a nonexclusive
     access easement through the common elements as may be reasonably
     necessary for the purpose of construction, repair and renovation
     of the owner's unit. An association shall have the power during
     spring thaw conditions to restrict road usage by vehicles of
     more than ten tons gross weight provided:
            (1)  Such restrictions shall be imposed only on a week-
        by-week basis for an aggregate period not to exceed eight
        weeks during any calendar year;
            (2)  Thaw conditions shall be reviewed by the association
        at least weekly; and
            (3)  Signs shall be conspicuously posted by the
        association at all entrances to the planned community
        advising when and where such thaw restrictions are
        applicable.
     An association shall not have the power to impose any fees or
     charges or require financial security, including, but not
     limited to, surety bonds, letters of credit or escrow deposits
     for the use of the easement rights described in this section
     except for the repair of damage caused to common elements in the
     exercise of the easement rights.
      § 5219.  Amendment of declaration.
        (a)  Number of votes required.--
            (1)  The declaration, including the plats and plans, may
        be amended only by vote of at least:
                (i)  67% of the association;
                (ii)  a larger percentage of the association
            specified in the declaration; or
                (iii)  a smaller percentage of the association
            specified in the declaration if all units are restricted
            exclusively to nonresidential use.
            (2)  Paragraph (1) is limited by subsection (d).
            (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; or
            (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;
     the executive board may effect an appropriate corrective
     amendment without the approval of the unit owners or the holders
     of liens on the planned community, upon receipt of an opinion

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     from independent legal counsel to the effect that the proposed
     amendment is permitted by the terms of this subsection.
      § 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), a planned community may be
     terminated only by agreement of unit owners of units to which at
     least 80%, or such larger percentage specified in the
     declaration, of the votes in the association are allocated. The
     declaration may specify a smaller percentage only if all of the
     units in the planned community are restricted exclusively to
     nonresidential uses.
        (b)  Execution and recording agreement and ratifications.--An
     agreement to terminate must be evidenced by the execution or
     ratification of a termination agreement, in the same manner as a
     deed, by the requisite number of unit owners who are owners of
     record as of the date preceding the date of recording of the
     termination agreement. The termination agreement must specify
     the date it was first executed or ratified by a unit owner. The
     termination agreement shall become void unless it is recorded on
     or before the earlier of the expiration of one year from the
     date it was first executed and ratified by a unit owner or such
     date as shall be specified in the termination agreement. A
     termination agreement and all ratifications thereof must be
     recorded in every county in which a 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. A termination agreement is effective only upon
     recording.
        (c)  Sale of real estate.--The association, on behalf of the
     unit owners, may contract for the sale of real estate in the
     planned community. The contract is not binding until approved
     under subsections (a) and (b). If any real estate in the planned
     community is to be sold by the association following
     termination, title to that real estate, upon termination, vests
     in the association as trustee for the holders of all interests
     in the units. Thereafter, the association has all powers
     necessary and appropriate to effect the sale. Until the sale has
     been concluded and the proceeds thereof distributed, the
     association continues in existence with all powers it had before
     termination. Proceeds of the sale shall be distributed to unit
     owners and lien holders as their interests may appear in
     proportion to the respective interests of unit owners as
     provided in subsection (f). Unless otherwise specified in the
     termination agreement, as long as the association holds title to
     the real estate, each unit owner and the owner's successors in
     interest have an exclusive right to occupancy of the portion of
     the real estate that formerly constituted the owner's unit.
     During the period of that occupancy, each unit owner and the
     owner's successors in interest remain liable for all assessments
     and other obligations imposed on unit owners by this subpart or
     the declaration.
        (d)  Nonsale upon termination.--If the real estate
     constituting the planned community is not to be sold following
     termination, title to the common facilities and, in a planned
     community containing only units having horizontal boundaries
     described in the declaration, title to all the real estate in
     the planned community vest in the unit owners upon termination
     as tenants in common in proportion to their respective interests
     as provided in subsection (f), and liens on the units shift
     accordingly. While the tenancy in common exists, each unit owner
     and the owner's successors in interest have an exclusive right
     to occupancy of the portion of the real estate that formerly
     constituted the owner's unit.
        (e)  Proceeds of sale.--Following termination of the planned
     community, the proceeds of any sale of real estate, together
     with the assets of the association, are held by the association
     as trustee for unit owners and holders of liens on the units as
     their interests may appear. Following termination, creditors of
     the association holding liens on the units which were recorded,
     filed of public record or otherwise perfected before termination
     may enforce those liens in the same manner as any lien holder.
     All other creditors of the association are to be treated as if
     they had perfected liens on the units immediately before
     termination.
        (f)  Respective interests of unit owners.--The respective
     interests of unit owners referred to in subsections (c), (d) and
     (e) are as follows:
            (1)  Except as provided in paragraph (2), the respective
        interests of unit owners are the fair market values of their
        units and limited common elements immediately before the
        termination, as determined by one or more independent
        appraisers selected by the association. The decision of the
        independent appraisers shall be distributed to the unit
        owners and becomes final unless disapproved within 30 days
        after distribution by unit owners of units to which 25% of
        the votes in the association are allocated. The proportion of
        any unit owner's interest to that of all unit owners is
        determined by dividing the fair market value of that unit
        owner's unit by the total fair market values of all the units
        and common elements.
            (2)  If any unit or any limited common element is
        destroyed to the extent that an appraisal of the fair market
        value thereof before destruction cannot be made, the
        interests of all unit owners are their respective common
        expense liabilities immediately before the termination.
        (g)  Effect of foreclosure or enforcement of lien.--Except as
     provided in subsection (h), foreclosure or enforcement of a lien
     or encumbrance against the entire planned community does not of
     itself terminate the planned community. Foreclosure or
     enforcement of a lien or encumbrance against a portion of the
     planned community does not of itself withdraw that portion from
     the planned community. Foreclosure or enforcement of a lien or
     encumbrance against withdrawable real estate does not of itself
     withdraw that real estate from the planned community, but the
     person taking title thereto has the right to require from the
     association, upon request, an amendment excluding the real
     estate from the planned community.
        (h)  Exclusion from planned community upon foreclosure.--If a
     lien or encumbrance against a portion of the real estate
     comprising the planned community has priority over the
     declaration and if the lien or encumbrance has not been
     partially released, the parties foreclosing the lien or
     encumbrance may, upon foreclosure, record an instrument
     excluding the real estate subject to that lien or encumbrance
     from the planned community.
      § 5221.  Rights of secured lenders.
        The declaration may require that all or a specified number or
     percentage of the mortgagees or beneficiaries of deeds of trust
     encumbering the units approve specified actions of the unit
     owners or the association as a condition to the effectiveness of
     those actions, but no requirement for approval may operate to do
     any of the following:
            (1)  Deny or delegate control over the general
        administrative affairs of the association by the unit owners
        or the executive board.
            (2)  Prevent the association or the executive board from
        commencing, intervening in or settling any litigation or
        proceeding or receiving and distributing any insurance
        proceeds except under section 5312 (relating to insurance).
      § 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 owners' association)
     with respect to the planned community are to be exercised by or
     may be delegated to a profit or nonprofit corporation or
     unincorporated association (a "master association") which
     exercises those or other powers on behalf of one or more other
     planned communities or other incorporated or unincorporated
     associations, then, except as modified by this section, all
     provisions of this subpart applicable to unit owners'
     associations shall apply to any such master association insofar
     as its actions affect the planned community.
        (b)  Powers.--Unless a master association is acting in the
     capacity of an association described in section 5301 (relating
     to organization of unit owners' association) with respect to a
     planned community which is part of the master association, it
     may exercise with respect to the planned community only such
     powers set forth in section 5302 and only to the extent
     expressly permitted in the declaration which provides for the
     delegation of powers from its planned community association to
     the master association and accepted by the master association,
     as indicated in the provisions of the declaration or other
     organizational documents of the master association.
        (c)  Liability of executive board members and officers.--If
     the declaration of a planned community provides that the
     executive board may delegate certain powers to a master
     association, the members of the executive board have no
     liability for the acts or omissions of the master association
     with respect to those powers following delegation. The officers
     and members of the governing board of the master association are
     subject to liability to the planned community association whose
     powers are delegated to the master association and the unit
     owners of the planned community on the same basis as officers
     and executive board members of the planned community immediately
     before such delegation of powers.
        (d)  Rights and responsibilities of persons electing
     governing body.--The rights and responsibilities of unit owners
     with respect to the unit owners' association set forth in
     sections 5302, 5303 (relating to executive board members and
     officers), 5309 (relating to quorums), 5310 (relating to voting;
     proxies) and 5320 (relating to declarant delivery of items to
     association) apply in the conduct of the affairs of a master
     association with respect to the exercise of powers elected
     pursuant to a planned community declaration to the master
     association, but apply only to those persons who elect the
     governing body of a master association, whether or not those
     persons are otherwise unit owners within the meaning of this
     subpart.
        (e)  Election of master association governing body.--
     Notwithstanding the provisions of section 5303(e) with respect
     to the election of the executive board by all unit owners after
     the period of declarant control ends and even if a master
     association is also an association described in section 5301,
     the instrument creating the master association and the
     declaration of each planned community of the organizational
     documents of other associations, the powers of which are
     assigned pursuant to the declaration or organizational documents
     or delegated to the master association, shall provide that the
     governing body of the master association must be elected after
     the period of declarant control in any of the following ways:
            (1)  All unit owners of all planned communities and other
        properties subject to the master association elect all
        members of the governing body of the master association.
            (2)  All members of the governing bodies of the planned
        community associations and other property owners'
        associations subject to the master association elect all
        members of the master association governing body.
            (3)  All unit owners of each planned community and other
        property owners' association subject to the master
        association elects specified members of the master
        association governing body.
            (4)  All members of the governing bodies of the planned
        communities and other property associations subject to the
        master association elect specified members of the master
        association governing body.
        (f)  Delegation of responsibility and authority.--The
     provisions of this section shall apply to a planned community
     upon any of the following:
            (1)  A date specified in the declaration or any amendment
        thereto from and after which this section shall apply to the
        planned community.
            (2)  An event or action that the declaration or any
        amendment thereto states shall cause this section to become
        applicable and the association causes to be recorded an
        instrument duly executed by the president of the association
        stating that:
                (i)  the event or action has occurred and the date of
            such occurrence, thereby causing this section to become
            applicable to the planned community; and
                (ii)  a copy of such instrument has been sent to all
            unit owners.
            (3)  The declarant executes and records an instrument
        stating that this section shall thereafter apply to the
        planned community and that a copy of such instrument has been
        sent to the executive board and all unit owners. This
        paragraph shall be applicable only if the declarant shall
        have expressly reserved in the declaration, under section
        5205(13) (relating to contents of declaration; all planned
        communities), the special declarant right to make this
        section applicable to the planned community and only if the
        instrument exercising such right has been recorded during the
        time period allowed for the exercise of such right.
        (g)  Delegation of all powers.--If all of the powers of a
     planned community association are delegated to a master
     association and accepted by the master association under
     subsection (b), then the governing body of the master
     association may act in all respects as the executive board of
     the planned community, and no separate executive board need be
     elected or exist.
      § 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 a single planned community. In
     the event of a merger or consolidation, unless the agreement
     otherwise provides, the resultant planned community is, for all
     purposes, the legal successor of all of the preexisting planned
     communities, and the operations and activities of all
     associations of the preexisting planned communities shall be
     merged or consolidated into a single association which shall
     hold all powers, rights, obligations, assets and liabilities of
     all preexisting associations. The resultant planned community
     shall, in addition, be subject in all respects to the provisions
     and requirements of this subpart regardless of whether or not
     any of the preexisting planned communities have been established
     under this subpart.
        (b)  Requirements of agreement.--The merger or consolidation
     of two or more planned communities under subsection (a) must be
     evidenced by a recorded agreement duly executed by the president
     of the association of each of the preexisting planned
     communities following approval by owners of units to which are
     allocated the percentage of votes in each planned community
     required to terminate such planned community. Any such agreement
     must be recorded in every county in which a portion of the
     planned community is located and is not effective until so
     recorded.
        (c)  Reallocations.--
            (1)  Every merger or consolidation agreement must provide
        for the reallocation of the common expense liability,
        including both general and limited common expenses, and
        portion of the votes in the resulting association among the
        units of the resulting planned community in one of the
        following manners:
                (i)  by stating the reallocations or the formulas
            upon which they are based; or
                (ii)  by stating the common expense liability,
            including both general and limited common expenses, and
            portion of the votes in the resulting association which
            are allocated to all of the units comprising each of the
            preexisting planned communities, and providing that the
            common expense liability, including both general and
            limited common expenses, and portion of the votes in the
            association for the resulting planned community shall be
            the same as was allocated to each unit formerly
            comprising a part of the preexisting planned community by
            the declaration of the preexisting planned community.
        (d)  Action by declarant.--Notwithstanding the provisions of
     subsections (a) and (b), if a declarant shall have expressly
     retained the special declarant right to merge or consolidate a
     planned community under section 5205(14) (relating to contents
     of declaration; all planned communities) and if the declarant
     shall have exercised such right within the time period allowed
     for such exercise by giving written notice to that effect to all
     unit owners accompanied by a copy of the agreement evidencing
     such merger or consolidation, then such agreement may be
     executed by the declarant rather than by the president of the
     association of that planned community and without the necessity
     for approval or consent by unit owners or their mortgagees,
     provided that the agreement is recorded within the time period
     allowed for the exercise of this special declarant right.
                                CHAPTER 53
                     MANAGEMENT OF PLANNED COMMUNITY
     Sec.
     5301.  Organization of unit owners' association.
     5302.  Power of unit owners' association.
     5303.  Executive board members and officers.
     5304.  Transfer of special declarant rights.
     5305.  Termination of contracts and leases of declarant.
     5306.  Bylaws.
     5307.  Upkeep of planned community.
     5308.  Meetings.
     5309.  Quorums.
     5310.  Voting; proxies.
     5311.  Tort and contract liability.
     5312.  Insurance.
     5313.  Surplus funds.
     5314.  Assessments for common expenses.
     5315.  Lien for assessments.
     5316.  Association records.
     5317.  Association as trustee.
     5318.  Conveyance or encumbrance of common facilities.
     5319.  Other liens affecting planned community.
     5320.  Declarant delivery of items to association.
      § 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 than a successor declarant. The membership of the
     association at all times shall consist exclusively of all the
     unit owners or, following termination of the planned community,
     of all former unit owners entitled to distributions of proceeds
     under section 5218 (relating to easement to facilitate
     completion, conversion and expansion) or their heirs, successors
     or assigns. The association shall be organized as a profit or
     nonprofit corporation or as an unincorporated association.
      § 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 if unincorporated, may:
            (1)  Adopt and amend bylaws and rules and regulations.
            (2)  Adopt and amend budgets for revenues, expenditures
        and reserves and collect assessments for common expenses from
        unit owners.
            (3)  Hire and terminate managing agents and other
        employees, agents and independent contractors.
            (4)  Institute, defend or intervene in litigation or
        administrative proceedings in its own name on behalf of
        itself or two or more unit owners on matters affecting the
        planned community.
            (5)  Make contracts and incur liabilities.
            (6)  Regulate the use, maintenance, repair, replacement
        and modification of common elements.
            (7)  Cause additional improvements to be made as a part
        of the common facilities and, only to the extent permitted by
        the declaration, the controlled facilities.
            (8)  Acquire, hold, encumber and convey in its own name
        any right, title or interest to real or personal property,
        but common facilities may be conveyed or subjected to a
        security interest only under the provisions of section 5318
        (relating to conveyance or encumbrance of common facilities).
            (9)  Grant easements, leases, licenses and concessions
        through or over the common facilities and, only to the extent
        permitted by the declaration, the controlled facilities.
            (10)  Impose and receive payments, fees or charges for
        the use, except as limited by other provisions of this
        subpart, rental or operation of the common elements other
        than the limited common elements described in section 5202(2)
        and (3) (relating to unit boundaries).
            (11)  Impose charges for late payment of assessments and,
        after notice and an opportunity to be heard, levy reasonable
        fines for violations of the declaration, bylaws and rules and
        regulations of the association.
            (12)  Impose reasonable charges for the preparation and
        recording of amendments to the declaration, resale
        certificates required by section 5407 (relating to resales of
        units) which shall be one charge that may be made by the
        association solely because of the resale or retransfer of any
        unit or statement of unpaid assessments. In addition, an
        association may impose a capital improvement fee, but no
        other fees, on the resale or transfer of units in accordance
        with the following:
                (i)  The capital improvement fee for any unit shall
            not exceed the annual assessments for general common
            expense charged to such unit during the most recently
            completed fiscal year of the association; provided that:
                    (A)  in the case of resale or transfer of a unit
                consisting of unimproved real estate, the capital
                improvement fee shall not exceed one-half of the
                annual assessments for general common expenses
                charged to such unit during the most recently
                completed fiscal year of the association; and
                    (B)  in the case of resale or transfer of a unit
                which was either created or added to the planned
                community in accordance with section 5211 (relating
                to conversion and expansion of flexible planned
                communities) at some time during the most recently
                completed fiscal year of the association but was not
                in existence for the entire fiscal year, the capital
                improvement fee shall not exceed one-half of the
                annual assessments for general common expenses
                charged to a unit comparable to such unit during the
                most recently completed fiscal year of the
                association.
                (ii)  Capital improvement fees allocated by an
            association must be maintained in a separate capital
            account and may be expended only for new capital
            improvements or replacement of existing common elements,
            and may not be expended for operation, maintenance or
            other purposes.
                (iii)  No capital improvement fee shall be imposed on
            any gratuitous transfer of a unit between any of the
            following family members: spouses, parent and child,
            siblings, grandparent and grandchild.
                (iv)  No fees may be imposed upon any person who:
                    (A)  acquires a unit consisting of unimproved
                real estate and signs and delivers to the association
                at the time of such person's acquisition a sworn
                affidavit declaring the person's intention to
                reconvey such unit within 18 months of its
                acquisition; and
                    (B)  completes such reconveyance within such 18
                months.
            (13)  Provide for the indemnification of its officers and
        executive board and maintain directors' and officers'
        liability insurance.
            (14)  Exercise any other powers conferred by this
        subpart, the declaration or bylaws.
            (15)  Exercise all other powers that may be exercised in
        this Commonwealth by legal entities of the same type as the
        association.
            (16)  Exercise any other powers necessary and proper for
        the governance and operation of the association.
            (17)  Assign its right to future income, including the
        right to receive common expense assessments, only to the
        extent the declaration expressly provides.
            (18)  Assign or delegate any powers of the association
        listed in this section to a master association subject to the
        provisions of section 5222 (relating to master associations)
        and accept an assignment or delegation of powers from one or
        more planned communities or other incorporated or
        unincorporated associations.
        (b)  Restrictions on limitations in declaration.--
     Notwithstanding subsection (a), the declaration may not impose
     limitations on the power of the association to deal with
     declarants which are more restrictive than the limitations
     imposed on the power of the association to deal with other
     persons. Any exercise of a power under subsection (a)(7), (8) or
     (9) which would materially impair quiet enjoyment of a unit
     shall require the prior written approval of the owner of that
     unit.
      § 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 board may act in all
     instances on behalf of the association. In the performance of
     their duties, the officers and members of the executive board
     shall stand in a fiduciary relation to the association and shall
     perform their duties, including duties as members of any
     committee of the board upon which they may serve, in good faith;
     in a manner they reasonably believe to be in the best interests
     of the association; and with care, including reasonable inquiry,
     skill and diligence as a person of ordinary prudence would use
     under similar circumstances. In performing any duties, an
     officer or executive board member shall be entitled to rely in
     good faith on information, opinions, reports or statements,
     including financial statements and other financial data, in each
     case prepared or presented by any of the following:
            (1)  One or more other officers or employees of the
        association whom the officer or executive board member
        reasonably believes to be reliable and competent in the
        matters presented.
            (2)  Counsel, public accountants or other persons as to
        matters which the officer or executive board member
        reasonably believes to be within the professional or expert
        competence of that person.
            (3)  A committee of the executive board upon which the
        officer or executive board member does not serve, designated
        in accordance with law, as to matters within its designated
        authority, which committee the officer or executive board
        member reasonably believes to merit confidence.
        (b)  Limitation on authority.--The executive board may not
     act on behalf of the association to amend the declaration under
     section 5219 (relating to amendment of declaration), to
     terminate the planned community under section 5220 (relating to
     termination of planned community) or to elect members of the
     executive board or determine the qualifications, powers and
     duties or terms of office of executive board members under
     subsection (e), but the executive board may fill vacancies in
     its membership for the unexpired portion of any term. The
     executive board shall deliver to all unit owners copies of each
     budget approved by the executive board and notice of any capital
     expenditure approved by the executive board promptly after such
     approval. In addition to other rights conferred by the
     declaration, bylaws or this subpart, the unit owners, by
     majority or any larger vote specified in the declaration, may
     reject any budget or capital expenditure approved by the
     executive board within 30 days after approval.
        (c)  Status during period of declarant control.--
            (1)  Subject to subsection (d), the declaration may
        provide for a period of declarant control of the association
        during which a declarant or persons designated by the
        declarant may appoint and remove the officers and members of
        the executive board.
            (2)  Any period of declarant control extends from the
        date of the first conveyance of a unit to a person other than
        a declarant for a period of not more than:
                (i)  seven years in the case of a flexible planned
            community containing convertible real estate or to which
            additional real estate may be added; and
                (ii)  five years in the case of any other planned
            community.
            (3)  Regardless of the period provided in the
        declaration, a period of declarant control terminates no
        later than the earlier of:
                (i)  sixty days after conveyance of 75% of the units
            which may be created to unit owners other than a
            declarant;
                (ii)  two years after all declarants have ceased to
            offer units for sale in the ordinary course of business;
            or
                (iii)  two years after any development right to add
            new units was last exercised.
            (4)  A declarant may voluntarily surrender the right to
        appoint and remove officers and members of the executive
        board before termination of that period. In that event the
        declarant may require, for the duration of the period of
        declarant control, that specified actions of the association
        or executive board, as described in a recorded instrument
        executed by the declarant, be approved by the declarant
        before they become effective.
        (d)  Election of members during transfer of declarant
     control.--Not later than 60 days after conveyance of 25% of the
     units which may be created to unit owners other than a
     declarant, at least one member and not less than 25% of the
     members of the executive board shall be elected by unit owners
     other than the declarant. Not later than 60 days after
     conveyance of 50% of the units which may be created to unit
     owners other than a declarant, not less than 33% of the members
     of the executive board shall be elected by unit owners other
     than the declarant.
        (e)  Election of members and officers following declarant
     control.--Not later than the termination of any period of
     declarant control, the unit owners shall elect an executive
     board of at least three members, at least a majority of whom
     shall be unit owners, provided that the executive board may
     consist of two members, both of whom shall be unit owners, if
     the planned community consists of two units. The executive board
     shall elect the officers. The executive board members and
     officers shall take office upon election.
        (f)  Removal of members.--Notwithstanding any provision of
     the declaration or bylaws to the contrary, the unit owners, by a
     two-thirds vote of all persons present and entitled to vote at
     any meeting of the unit owners at which a quorum is present, may
     remove any member of the executive board with or without cause,
     other than a member appointed by the declarant.
      § 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
     transfer 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 indices. The instrument is not effective
     unless executed by the transferee.
        (b)  Liability of declarant following transfer.--Upon
     transfer of any special declarant right, the liability of a
     transferor declarant is as follows:
            (1)  A transferor is not relieved of any obligation or
        liability arising before the transfer and remains liable for
        warranty obligations imposed on a declarant by this subpart.
        Lack of privity does not deprive any unit owner of standing
        to bring an action to enforce any obligation of the
        transferor.
            (2)  If a successor to any special declarant right is an
        affiliate of a declarant, the transferor is jointly and
        severally liable with any successor for any obligations or
        liabilities of the successor relating to the planned
        community.
            (3)  If a transferor retains any special declarant rights
        but transfers one or more other special declarant rights to a
        successor who is not an affiliate of the declarant, the
        transferor is liable for any obligations or liabilities
        imposed on a declarant by this subpart or by the declaration
        relating to the retained special declarant rights and arising
        after the transfer.
            (4)  A transferor has no liability for any act or
        omission or any breach of a contractual or warranty
        obligation arising from the exercise of a special declarant
        right by a successor declarant who is not an affiliate of the
        transferor and to whom the special declarant right has not
        previously been assigned.
        (c)  Rights of purchaser in foreclosure, etc., proceedings.--
     Unless otherwise provided in a mortgage instrument or deed of
     trust, in case of mortgage foreclosure, tax sale, judicial sale,
     sale by a trustee under a deed of trust or sale under 11 U.S.C.
     (relating to bankruptcy) or under receivership proceedings of
     any units owned by a declarant or real estate in a planned
     community subject to development rights, a person acquiring
     title to all the real estate being foreclosed or sold, but only
     upon his request, succeeds to all special declarant rights
     related to that real estate held by that declarant or only to
     any rights reserved in the declaration under section 5217
     (relating to declarant offices, models and signs) and held by
     that declarant to maintain models, sales offices and signs. The
     judgment or instrument conveying title shall provide for
     transfer of only the special declarant rights requested.
        (d)  Rights of declarant following foreclosure, etc.--Upon
     foreclosure, tax sale, judicial sale, sale by a trustee under a
     deed of trust or sale under 11 U.S.C. or under receivership or
     similar proceedings of all units and other real estate in a
     planned community owned by a declarant:
            (1)  the declarant ceases to have any special declarant
        rights; and
            (2)  the period of declarant control under section
        5303(d) (relating to executive board members and officers)
        terminates unless the judgment or instrument conveying title
        provides for transfer of all special declarant rights held by
        that declarant to a successor declarant.
        (e)  Liabilities and obligations of successors.--The
     liabilities and obligations of persons who succeed to special
     declarant rights are as follows:
            (1)  A successor to any special declarant right who is an
        affiliate of a declarant is subject to all obligations and
        liabilities imposed on the transferor by this subpart or by
        the declaration.
            (2)  A successor to any special declarant right, other
        than a successor described in paragraph (3) or (4), who is
        not an affiliate of a declarant is subject to all obligations
        and liabilities imposed by this subpart or the declaration on
        any of the following:
                (i)  A declarant insofar as the obligation or
            liability relates to the exercise or nonexercise of
            special declarant rights.
                (ii)  The successor's transferor, other than any of
            the following:
                    (A)  Misrepresentations by any previous declarant
                except to the extent knowingly continued or permitted
                to continue without correcting such
                misrepresentations.
                    (B)  Warranty obligations on improvements made by
                any previous declarant or made before the planned
                community was created.
                    (C)  Breach of any fiduciary obligation by any
                previous declarant or such declarant's appointees to
                the executive board.
                    (D)  Any liability or obligation imposed on the
                transferor as a result of the transferor's acts or
                omissions after the transfer.
            (3)  A successor to only a right reserved in the
        declaration to maintain models, sales offices and signs under
        section 5217, if the successor is not an affiliate of a
        declarant, may not exercise any other special declarant right
        and is not subject to any liability or obligation as a
        declarant except the obligation to provide a public offering
        statement and any liability arising as a result thereof.
            (4)  A successor to all special declarant rights held by
        his transferor who is not an affiliate of that transferor
        declarant and who succeeded to those rights pursuant to a
        deed in lieu of foreclosure or a judgment or instrument
        conveying title to units or an instrument conveying solely
        special declarant rights under subsection (c) may declare his
        intention to hold those rights solely for transfer to another
        person. Thereafter, until transferring all special declarant
        rights to any person acquiring title to any unit owned by the
        successor or until recording an instrument permitting
        exercise of all those rights, that successor may not exercise
        any of those rights other than any right held by his
        transferor to control the executive board in accordance with
        the provisions of section 5303(d) for the duration of any
        period of declarant control; and any attempted exercise of
        those rights is void. As long as a successor declarant may
        not exercise special declarant rights under this paragraph,
        the successor is not subject to any liability or obligation
        as a declarant other than liability for his acts and
        omissions under section 5303(d).
        (f)  Limitation on liability of successor.--Nothing in this
     section subjects any successor to a special declarant right to
     any claims against or other obligations of a transferor
     declarant other than claims and obligations arising under this
     subpart or the declaration.
      § 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 office, any of
     the following may be terminated without penalty by the
     association at any time after the executive board elected by the
     unit owners under section 5303(e) takes office upon not less
     than 90 days' notice to the other party:
            (1)  Any management contract, employment contract or
        lease of recreational or parking areas or facilities.
            (2)  Any other contract or lease to which a declarant or
        an affiliate of a declarant is a party.
            (3)  Any contract or lease that is not bona fide or was
        unconscionable to the unit owners at the time entered into
        under the circumstances then prevailing.
        (b)  Exception.--This section does not apply to any lease the
     termination of which would terminate the planned community or
     reduce its size unless the real estate subject to that lease was
     included in the planned community for the purpose of avoiding
     the right of the association to terminate a lease under this
     section.
      § 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
        titles of the officers of the association.
            (2)  Election by the executive board of a president,
        treasurer, secretary and any other officers of the
        association the bylaws specify.
            (3)  The qualifications, powers and duties, terms of
        office and manner of electing and removing executive board
        members and officers and filling vacancies.
            (4)  Which, if any, of its powers the executive board or
        officers may delegate to other persons or to a managing
        agent.
            (5)  Which of its officers may prepare, execute, certify
        and record amendments to the declaration on behalf of the
        association.
            (6)  The method of amending the bylaws.
        (b)  Other provisions.--Subject to the provisions of the
     declaration, the bylaws may provide for any other matters the
     association deems necessary and appropriate.
      § 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 and replacement of the common elements, and each unit
     owner is responsible for maintenance, repair and replacement of
     his unit. Each unit owner shall afford to the association and
     the other unit owners and to their agents or employees access
     through the unit reasonably necessary for those purposes. If
     damage is inflicted on the common elements or on any unit
     through which access is taken, the unit owner responsible for
     the damage or the association if it is responsible is liable for
     the prompt repair of the damage.
        (b)  Nonresidential planned communities.--If any unit in a
     planned community all of whose units are restricted to
     nonresidential use is damaged and the exterior appearance of the
     unit is thereby affected, the person responsible for the
     exterior of the unit shall cause the unit to be repaired or
     rebuilt to the extent necessary to restore its exterior
     appearance. If that person fails within a reasonable period of
     time to effect the repairs or rebuilding, the association may
     purchase the unit at its fair market value to be determined by
     an independent appraiser selected by the association.
      § 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 specify which of the association's
     officers, not less than ten nor more than 60 days in advance of
     any meeting, shall cause notice to be hand delivered or sent
     prepaid by United States mail to the mailing address of each
     unit or to any other mailing address designated in writing by
     the unit owner. The notice of any meeting must state the time
     and place of the meeting and the items on the agenda, including
     the general nature of any proposed amendment to the declaration
     or bylaws; any budget or assessment changes; and, where the
     declaration or bylaws require approval of unit owners, any
     proposal to remove a director or officer.
      § 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 which may be cast for
     election of the executive board are present in person or by
     proxy at the beginning of the meeting. The bylaws may require a
     larger percentage or a smaller percentage not less than 10%.
        (b)  Executive board.--Unless the bylaws specify a larger
     percentage, a quorum is deemed present throughout any meeting of
     the executive board if persons entitled to cast 50% of the votes
     on the board are present at the beginning of the meeting.
      § 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 shall be
     entitled to cast the vote for that unit shall be the person
     named in a certificate executed by that entity pursuant to its
     governing documents. If the owner of a unit is a trust, the
     trustee or trustees shall be deemed to be the owner for voting
     purposes. If the ownership of a unit is in more than one person,
     the natural person who shall be entitled to cast the vote of the
     unit shall be the person named in a certificate executed by all
     of the owners of the unit and filed with the secretary of the
     association or, in the absence of that named person from the
     meeting or in the event of failure to execute and file such a
     certificate, the person owning such unit who is present. If more
     than one of the multiple owners are present, the votes allocated
     to that unit may be cast only in accordance with their unanimous
     agreement unless the declaration expressly provides otherwise.
     There shall be deemed to be unanimous agreement if any one of
     the multiple owners casts the votes allocated to that unit
     without protest being made promptly to the person presiding over
     the meeting by any of the other owners of the unit. Such a
     certificate shall be valid until revoked by a subsequent
     certificate similarly executed. Except where execution by owners
     of a unit in the same manner as a deed is required in this
     subpart and subject to the provisions of the declaration and
     bylaws, wherever the approval or disapproval of a unit owner is
     required by this subpart, the declaration or the bylaws, the
     approval or disapproval shall be made only by the person who
     would be entitled to cast the vote of the unit at any meeting of
     the association.
        (b)  Proxies.--Votes allocated to a unit may be cast pursuant
     to a proxy duly executed by a unit owner. If a unit is owned by
     more than one person, each owner of the unit may vote or
     register protest to the casting of votes by the other owners of
     the unit through a duly executed proxy. A unit owner may not
     revoke a proxy given under this section except by actual notice
     of revocation to the person presiding over a meeting of the
     association. A proxy is void if it is not dated or purports to
     be revocable without notice. A proxy terminates one year after
     its date unless it specifies a shorter term.
        (c)  Voting by lessees.--If the declaration requires that
     votes on specified matters affecting the planned community be
     cast by lessees rather than unit owners of leased units, all of
     the following apply:
            (1)  The provisions of subsections (a) and (b) apply to
        lessees as if they were unit owners.
            (2)  Unit owners who have leased their units to other
        persons may not cast votes on those specified matters.
            (3)  Lessees are entitled to notice of meetings, access
        to records and other rights respecting those matters as if
        they were unit owners.
     Unit owners shall also be given notice, in the manner provided
     in section 5308 (relating to meetings), of all meetings at which
     lessees may be entitled to vote.
        (d)  Units owned by association.--No votes allocated to a
     unit owned by the association may be cast.
      § 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 of any convertible or withdrawable real estate or
        other portion of the planned community which the declarant
        has the responsibility to maintain may not be brought against
        the association or against a unit owner other than a
        declarant.
            (2)  Except as otherwise provided by paragraph (1):
                (i)  An action in tort alleging a wrong done by the
            association or by an agent or employee of the
            association, or on behalf of the association, must be
            brought against the association.
                (ii)  A unit owner shall not be subject to suit or,
            except as otherwise provided by subsection (b), be
            otherwise directly or indirectly held accountable for the
            acts of the association or its agents or employees on
            behalf of the association.
            (3)  If the tort or breach of contract occurred during
        any period of declarant control under section 5303(c)
        (relating to executive board members and officers), the
        declarant is liable to the association for all unreimbursed
        losses suffered by the association as a result of that tort
        or breach of contract, including costs and reasonable
        attorney fees. If a claim for a tort or breach of contract is
        made after the period of declarant control, the association
        shall have no right against the declarant under this
        paragraph unless the association shall have given the
        declarant all of the following:
                (i)  Notice of the existence of the claim promptly
            after the date on which a member of the executive board
            who is not a designee of the declarant learns of the
            existence of the claim.
                (ii)  An opportunity to defend against the claim on
            behalf of the association but at the declarant's expense.
            (4)  A unit owner is not precluded from bringing an
        action contemplated by this subsection because he is a unit
        owner or a member or officer of the association.
     Any statute of limitation affecting the association's right of
     action under this section is tolled until the period of
     declarant control terminates.
        (b)  Lien of judgment.--Except as otherwise provided in this
     subpart, a judgment for money against the association if and
     when entered of record against the name of the association in
     the office of the clerk of the court of common pleas of the
     county where the planned community is located shall also
     constitute a lien against each unit for a pro rata share of the
     amount of that judgment, including interest thereon, based on
     the common expense liability allocated to that unit under
     section 5208 (relating to allocation of votes and common expense
     liabilities). No other property of a unit owner is subject to
     the claims of creditors of the association.
        (c)  Indexing judgment.--A judgment against the association
     must be indexed in the name of the planned community.
        (d)  Applicability of section.--The provisions of this
     section shall apply to all associations without regard to
     whether the association is organized as a corporation or as an
     unincorporated association.
      § 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 declarant, the association shall maintain,
     to the extent reasonably available, all of the following:
            (1)  Property insurance on the common facilities and
        controlled facilities to the extent the controlled facilities
        can be insured separately from the unit and, if insurance for
        the unit is not provided by the association under subsection
        (b) or the declaration, insuring against all common risks of
        direct physical loss. The total amount of insurance after
        application of any deductibles shall be not less than 80% of
        the actual cash value of the insured property, exclusive of
        land, excavations, foundations and other items normally
        excluded from property policies.
            (2)  Comprehensive general liability insurance, including
        medical payments insurance, in an amount determined by the
        executive board but not less than any amount specified in the
        declaration covering all occurrences commonly insured against
        for death, bodily injury and property damage, arising out of
        or in connection with the use, ownership or maintenance of
        the common elements.
        (b)  Units having horizontal boundaries.--In the case of a
     building containing units having horizontal boundaries described
     in the declaration, that insurance described in subsection
     (a)(1), to the extent reasonably available, shall include the
     units but need not include improvements and betterments
     installed by unit owners.
        (c)  Other insurance carried by association.--If the
     insurance described in subsections (a) and (b) is not
     maintained, the association promptly shall cause notice of that
     fact to be hand delivered or sent prepaid by United States mail
     to all unit owners. The declaration may require the association
     to carry any other insurance. The association may carry any
     other insurance it deems appropriate to protect the association
     or the unit owners.
        (d)  Policy terms.--Insurance policies carried under
     subsections (a) and (b) shall provide all of the following:
            (1)  Each unit owner is an insured person under the
        policy with respect to liability arising out of his
        membership in the association.
            (2)  The insurer waives its right to subrogation under
        the policy against any unit owner or member of the owner's
        household.
            (3)  No act or omission by any unit owner, unless acting
        within the scope of his authority on behalf of the
        association, will void the policy or be a condition to
        recovery under the policy.
            (4)  If at the time of a loss under the policy there is
        other insurance in the name of a unit owner covering the same
        risk covered by the policy, the association's policy is
        primary insurance not contributing with the other insurance.
        (e)  Proceeds from property insurance.--Any loss covered by
     the property policy under subsections (a)(1) and (b) shall be
     adjusted with the association, but the insurance proceeds for
     that loss shall be payable to any insurance trustee designated
     for that purpose, or otherwise to the association, and not to
     any mortgagee or beneficiary under a deed of trust. The
     insurance trustee or the association shall hold any insurance
     proceeds in trust for unit owners and lienholders as their
     interests may appear. Subject to the provisions of subsection
     (h), the proceeds shall be disbursed first for the repair or
     restoration of the damaged common elements and units, and unit
     owners and lienholders are not entitled to receive payment of
     any portion of the proceeds unless there is a surplus of
     proceeds after the common elements and units have been
     completely repaired or restored or the planned community is
     terminated.
        (f)  Unit owner insurance.--A residential unit owner shall
     insure the owner's unit except as insurance is provided by the
     association in accordance with this section or the declaration.
     An insurance policy issued to the association does not prevent a
     unit owner from obtaining insurance for the owner's own benefit.
        (g)  Evidence and cancellation of insurance.--An insurer that
     has issued an insurance policy under this section shall issue
     certificates or memoranda of insurance to the association and,
     upon request, to any unit owner, mortgagee or beneficiary under
     a deed of trust. The insurance may not be canceled until 30 days
     after notice of the proposed cancellation has been mailed to the
     association, each unit owner and each mortgagee or beneficiary
     under a deed of trust, to whom a certificate or memorandum of
     insurance has been issued.
        (h)  Disposition of insurance proceeds.--
            (1)  Any portion of the planned community for which
        insurance is required to be maintained by the association by
        this section or the declaration and which is damaged or
        destroyed shall be repaired or replaced promptly by the
        association unless:
                (i)  the planned community is terminated;
                (ii)  repair or replacement would be illegal under
            any State or local health or safety statute or ordinance;
            or
                (iii)  80% of the unit owners, including every owner
            of a unit or assigned limited common element which will
            not be rebuilt, vote not to rebuild.
        The cost of repair or replacement of those portions in excess
        of insurance proceeds and reserves is a common expense.
            (2)  Any portion of the planned community for which
        insurance is required to be maintained by the unit owner by
        this section or the declaration and which is damaged or
        destroyed shall be repaired or replaced promptly by the unit
        owner unless:
                (i)  the planned community is terminated;
                (ii)  repair or replacement would be illegal under
            any State or local health or safety statute or ordinance;
            or
                (iii)  80% of the unit owners, including every owner
            of a unit or assigned limited common element which will
            not be rebuilt, vote to not rebuild.
        The cost of repair or replacement of these portions in excess
        of insurance proceeds is the unit owner's expense.
            (3)  If the entire planned community is not repaired or
        replaced, the following apply:
                (i)  The insurance proceeds attributable to the
            damaged common elements shall be used to restore the
            damaged area to a condition compatible with the remainder
            of the planned community.
                (ii)  The insurance proceeds attributable to units
            shall be paid to unit owners except those proceeds
            attributable to controlled facilities for which insurance
            is separately maintained by the association under this
            section or the declaration shall be distributed to all
            unit owners in proportion to their common expense
            liability. Proceeds attributable to limited common
            facilities which are not rebuilt shall be distributed
            equally to owners of units to which those limited common
            facilities were assigned.
                (iii)  The remainder of the proceeds shall be
            distributed to all the unit owners in proportion to their
            common expense liability.
            (4)  If the unit owners vote not to rebuild any unit,
        that unit's votes in the association and common expense
        liability are automatically reallocated upon the vote as if
        the unit had been condemned under section 5107(a) (relating
        to eminent domain), and the association promptly shall
        prepare, execute and record an amendment to the declaration
        reflecting the reallocations.
            (5)  Notwithstanding the provisions of this subsection,
        section 5220 (relating to termination of planned community)
        governs the distribution of insurance proceeds if the planned
        community is terminated.
        (i)  Nonresidential planned communities.--The provisions of
     this section may be varied or waived in the case of a planned
     community all of whose units are restricted to nonresidential
     use.
      § 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 in
     excess of the amount required for actual limited common expenses
     and reserves for future limited common expenses shall be
     credited to each unit assessed for a share of those limited
     common expenses in proportion to the share of those limited
     common expenses so assessed. These credits shall be applied,
     unless the declaration provides otherwise, to the next monthly
     assessments of limited common expenses against that unit under
     the current fiscal year's budget and thereafter until exhausted.
     Any amounts accumulated from assessments for general common
     expenses and income from the operation of the common elements,
     other than limited common elements with regard to which limited
     common expenses are assessed, in excess of the amount required
     for actual general common expenses and reserves for future
     general common expenses, shall be credited to each unit in
     accordance with that unit's interests in common elements. These
     credits shall be applied, unless the declaration provides
     otherwise, to the next monthly assessments of general common
     expenses against the unit under the current fiscal year's budget
     and thereafter until exhausted.
      § 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 been made by the
     association, assessments shall be made at least annually, based
     on a budget adopted at least annually by the association. The
     budgets of the association shall segregate limited common
     expenses from general common expenses if and to the extent
     appropriate.
        (b)  Allocation and interest.--Except for assessments under
     subsection (c), all common expenses shall be assessed against
     all the units in accordance with the common expense liability
     allocated to each unit in the case of general common expenses
     and in accordance with subsection (c) in the case of special
     allocation of expenses. Any past due assessment or installment
     thereof shall bear interest at the rate established by the
     association at not more than 15% per year.
        (c)  Special allocations of expenses.--Except as provided by
     the declaration:
            (1)  Any common expense associated with the maintenance,
        repair or replacement of a limited common element shall be
        assessed in equal shares against the units to which that
        limited common element was assigned at the time the expense
        was incurred.
            (2)  Any common expense benefiting fewer than all of the
        units shall be assessed exclusively against the units
        benefited.
            (3)  The costs of insurance shall be assessed in
        proportion to risk, and the costs of utilities that are
        separately metered to each unit shall be assessed in
        proportion to usage.
            (4)  If a common expense is caused by the negligence or
        misconduct of any unit owner, the association may assess that
        expense exclusively against his unit.
        (d)  Reallocation.--If common expense liabilities are
     reallocated, common expense assessments and any installment
     thereof not yet due shall be recalculated in accordance with the
     reallocated common expense liabilities.
      § 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 the time the assessment or fine becomes due.
     The association's lien may be foreclosed in a like manner as a
     mortgage on real estate. A judicial or other sale of the unit in
     execution of a common element lien or any other lien shall not
     affect the lien of a mortgage on the unit, except the mortgage
     for which the sale is being held, if the mortgage is prior to
     all other liens upon the same property except those liens
     identified in 42 Pa.C.S. § 8152(a) (relating to judicial sale as
     affecting lien of mortgage) and liens for planned community
     assessments created under this section. Unless the declaration
     otherwise provides, fees, charges, late charges, fines and
     interest charged under section 5302(a)(10), (11) and (12)
     (relating to power of unit owners' association) and reasonable
     costs and expenses of the association, including legal fees,
     incurred in connection with collection of any sums due to the
     association by the unit owner or enforcement of the provisions
     of the declaration, bylaws, rules or regulations against the
     unit owner are enforceable as assessments under this section. If
     an assessment is payable in installments and one or more
     installments are not paid when due, the entire outstanding
     balance of the assessment becomes effective as a lien from the
     due date of the delinquent installment.
        (b)  Priority of lien.--
            (1)  General rule.--A lien under this section is prior to
        all other liens and encumbrances on a unit except:
                (i)  Liens and encumbrances recorded before the
            recording of the declaration.
                (ii)  First mortgages or deeds of trust on the unit
            securing first mortgage holders and recorded before due
            date of the assessment, if the assessment is not payable
            in installments or the due date of the unpaid
            installment, if the assessment is payable in
            installments.
                (iii)  Liens for real estate taxes and other
            governmental assessments or charges against the unit.
            (2)  Limited nondivestiture.--The association's lien for
        common expenses shall be divested by a judicial sale of the
        unit:
                (i)  As to unpaid common expense assessments made
            under section 5314(b) (relating to assessments for common
            expenses) that come due during the six months immediately
            preceding institution of 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.
                (ii)  As to unpaid common expense assessments made
            under section 5314(b) other than the six months
            assessment referred to in subparagraph (i), in a full
            amount of the unpaid assessments, whether or not the
            proceeds of the judicial sale are adequate to pay these
            assessments. To the extent that the proceeds of the sale
            are sufficient to pay some or all of these additional
            assessments after satisfaction in full of the costs of
            the judicial sale and the liens and encumbrances of the
            types described in paragraph (1) and the unpaid common
            expense assessments that come due during the six-month
            period described in subparagraph (i), the assessments
            shall be paid before any remaining proceeds may be paid
            to any other claimant, including the prior owner of the
            unit.
            (3)  Monetary exemption.--The lien is not subject to the
        provisions of 42 Pa.C.S. § 8123 (relating to general monetary
        exemption).
        (c)  Liens having equal priority.--If the association and one
     or more associations, condominium associations or cooperative
     associations have liens for assessments created at any time on
     the same real estate, those liens have equal priority.
        (d)  Notice and perfection of lien.--Subject to the
     provisions of subsection (b), recording of the declaration
     constitutes record notice and perfection of the lien.
        (e)  Limitation of actions.--A lien for unpaid assessments is
     extinguished unless proceedings to enforce the lien are
     instituted within three years after the assessments become
     payable.
        (f)  Other remedies preserved.--Nothing in this section shall
     be construed to prohibit actions or suits to recover sums for
     which subsection (a) creates a lien or to prohibit an
     association from taking a deed in lieu of foreclosure.
        (g)  Costs and attorney fees.--A judgment or decree in any
     action or suit brought under this section shall include costs
     and reasonable attorney fees for the prevailing party.
        (h)  Statement of unpaid assessments.--The association shall
     furnish to a unit owner upon written request a recordable
     statement setting forth the amount of unpaid assessments
     currently levied against his unit and any credits of surplus in
     favor of his unit under section 5313 (relating to surplus
     funds). The statement shall be furnished within ten business
     days after receipt of the request and is binding on the
     association, the executive board and every unit owner.
      § 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
     financial and other records shall be made reasonably available
     for examination by any unit owner and authorized agents.
        (b)  Annual financial statements.--Within 180 days after the
     close of its fiscal year, the association in any planned
     community having more than 12 units or subject to any rights
     under section 5215 (relating to subdivision or conversion of
     units) or 5211 (relating to conversion and expansion of flexible
     planned communities) shall prepare annual financial statements
     consisting of at least a balance sheet and a statement of
     revenues and expenses for the association. The cost of preparing
     the financial statements shall be a common expense. Each unit
     owner shall be entitled to receive from the association, within
     30 days after submitting a written request to the association, a
     copy of the annual financial statements and, if such financial
     statements are audited, reviewed or compiled by an independent
     certified public accountant or independent public accountant, a
     copy of the independent accountant's report on the financial
     statements. The association may charge a fee not to exceed the
     cost of producing copies of records other than the financial
     statement.
        (c)  Filing of complaints.--If an association subject to
     subsection (a) fails to provide a copy of the annual financial
     statements and, if applicable, the report of an independent
     accountant as required under subsection (b) to the requesting
     unit owner within 30 days of the unit owner's written request or
     if the financial records of the association which substantiate
     an association's financial statements are not made reasonably
     available by any association for examination by any unit owner
     and authorized agents, the unit owner may file a complaint with
     the Bureau of Consumer Protection in the Office of Attorney
     General.
      § 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 exercise by the association may be
     assumed without inquiry. A third person is not bound to inquire
     whether the association has power to act as trustee or is
     properly exercising trust powers. A third person without actual
     knowledge that the association is exceeding or improperly
     exercising its powers is fully protected in dealing with the
     association as if it possessed and properly exercised the powers
     it purports to exercise. A third person is not bound to assure
     the proper application of trust assets paid or delivered to the
     association in its capacity as trustee.
      § 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 at least 80% of the votes in the
     association, including 80% of the votes allocated to units not
     owned by a declarant, or any larger percentage the declaration
     specifies, agree to that action; but the owners of units to
     which any limited common facility is allocated must agree in
     order to convey that limited common facility or subject it to a
     security interest. The declaration may specify a smaller
     percentage only if all of the units are restricted exclusively
     to nonresidential uses. Proceeds of the sale are an asset of the
     association.
        (b)  Required agreement.--An agreement to convey common
     facilities or subject them to a security interest shall be
     evidenced by the execution of an agreement or ratifications of
     the agreement, in the same manner as a deed, by the requisite
     number of unit owners. The agreement must specify a date after
     which the agreement will be void unless recorded before that
     date. The agreement and all ratifications shall be recorded in
     every county in which a portion of the planned community is
     situated and is effective only upon recording.
        (c)  Association powers.--The association on behalf of the
     unit owners may contract to convey common facilities or subject
     them to a security interest, but the contract is not enforceable
     against the association until approved under subsections (a) and
     (b). Thereafter, the association has all powers necessary and
     appropriate to effect the conveyance or encumbrance, including
     the power to execute deeds or other instruments.
        (d)  Other conveyances or encumbrances void.--Any purported
     conveyance, encumbrance, judicial sale or other voluntary
     transfer of common facilities, unless made pursuant to this
     section, is void.
        (e)  Right of access and support.--A conveyance or
     encumbrance of common facilities pursuant to this section does
     not deprive any unit of its right of access and support.
        (f)  Preexisting encumbrances.--Unless the declaration
     otherwise provides, a conveyance or encumbrance of common
     facilities pursuant to this section does not affect the priority
     or validity of preexisting encumbrances.
        (g)  Limitation.--Common facilities which may be conveyed or
     encumbered pursuant to this section shall not include any land,
     buildings or other facilities:
            (1)  containing or comprising one or more units; or
            (2)  necessary for the use or operation of one or more
        units.
      § 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 lien on real property, is not a
     lien on the common facilities but is a lien in favor of the
     judgment lienholder against all of the units in the planned
     community at the time the judgment was entered. No other
     property of a unit owner is subject to the claims of creditors
     of the association.
        (b)  Security interest in common facilities.--If the
     association has granted a security interest in the common
     facilities to a creditor of the association under section 5318
     (relating to conveyance or encumbrance of common facilities),
     the holder of that security interest shall exercise its right
     against the common facilities before its judgment lien on any
     unit may be enforced.
        (c)  Release upon payment of unit owner's share.--Whether
     perfected before or after the creation of the planned community,
     if a lien other than a deed of trust or mortgage, including a
     judgment lien or lien attributable to work performed or
     materials supplied before creation of the planned community,
     becomes effective against two or more units, the unit owner of
     an affected unit may pay to the lienholder the amount of the
     lien attributable to his unit; and the lienholder, upon receipt
     of payment, promptly shall deliver a release of the lien
     covering that unit. The amount of the payment shall be
     proportionate to the ratio which that unit owner's common
     expense liability bears to the common expense liabilities of all
     unit owners whose units are subject to the lien. After payment,
     the association may not assess or have a lien against that unit
     owner's unit for any portion of the common expenses incurred in
     connection with that lien.
        (d)  Indexing of judgments.--A judgment against the
     association shall be indexed in the name of the planned
     community and the association and, when so indexed, is notice of
     the lien against the units.
      § 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) (relating to executive board
     members and officers) or the declarant's earlier voluntary
     termination of control, the declarant shall deliver to the
     association all property of the unit owners and of the
     association held by or controlled by the declarant, including,
     without limitation, all of the following items, if applicable,
     as to each planned community or other owners' association
     operated by the association:
            (1)  The original or a certified copy or a photocopy of
        the recorded declaration and all amendments thereto. If a
        photocopy is delivered, the photocopy shall reflect the
        recording information and shall be accompanied by an
        affidavit executed by the declarant certifying the photocopy
        to be a true, correct and complete copy of the actual
        recorded declaration and all amendments thereto.
            (2)  The association articles of incorporation, if
        incorporated, with evidence of filing with the Department of
        State.
            (3)  A copy of the bylaws.
            (4)  A complete set of all executive board minutes and
        resolutions and all other books and records of the
        association.
            (5)  A complete copy of all rules and regulations that
        may have been adopted.
            (6)  Copies of all Federal, State and local tax returns
        filed by or on behalf of the association and copies of any
        tax-exempt elections made by or on behalf of the association.
            (7)  Copies of all past and current budgets of the
        association.
            (8)  Resignations of officers and members of the
        executive board who are required to resign because the
        declarant is required to relinquish or has relinquished
        control of the association.
            (9)  Not later than 90 days after the required
        termination of the period of declarant control under section
        5303(c) or the declarant's earlier voluntary termination of
        control, a complete audit of the finances of the association
        for the time period between the last audit of the
        association's financial books and records and the date of
        termination of the period of declarant control, prepared by
        an independent certified public accountant in accordance with
        generally accepted accounting principles, the costs of which
        audit are to be borne equally by the declarant and the
        association. If the planned community consists of not more
        than 12 units, a warranty from the declarant to the
        association that the books and records of the association
        completely and accurately reflect all activities of the
        association from its inception through the date of
        termination of the period of declarant control may be
        substituted for the audit referred to in this paragraph.
            (10)  All association funds or control thereof.
            (11)  All tangible personal property and inventories
        thereof:
                (i)  that may have been represented or should have
            been represented by the declarant in any public offering
            statement, sales materials or other writings to be part
            of the common elements; or
                (ii)  that are otherwise property of the association.
            (12)  A copy of the plans or drawings and specifications,
        if any, utilized in the construction, rehabilitation,
        renovation or remodeling of any buildings and improvements
        within the planned community and in the construction and
        installation of any mechanical components and equipment
        serving the buildings and improvements and property if and to
        the extent the construction, rehabilitation, renovation,
        remodeling or installation was performed by or on behalf of
        the declarant and substantially completed during the period
        commencing three years prior to the date of the first public
        offering statement regarding the planned community. If no
        public offering statement is required for any unit in the
        planned community, the three-year period shall commence on
        the date of the recording of the planned community
        declaration or amendment thereto with respect to such
        improvements and shall end on the date by which compliance
        with this section is required. If such construction,
        rehabilitation, renovation, remodeling or installation was
        substantially completed within the three-year period but not
        by or on behalf of the declarant, the obligation of the
        declarant under this paragraph shall be to provide all such
        plans, drawings and specifications in the possession of the
        declarant and to use reasonable efforts to obtain and provide
        any such plans, drawings or specifications not within the
        possession of the declarant. If such construction,
        rehabilitation, renovation, remodeling or installation was
        substantially completed more than three years prior to the
        commencement of the three-year period described in this
        paragraph, the obligations of the declarant under this
        paragraph shall be to provide all such plans, drawings and
        specifications in the possession of the declarant. To the
        extent previously made available to the declarant, the
        declarant in all cases shall deliver to the association
        owners operating, care and maintenance manuals and other
        information regarding mechanical components and equipment
        serving any buildings and improvements in the planned
        community. A declarant's delivery of plans, drawings or
        specifications under this paragraph shall not constitute a
        representation or warranty of the accuracy or completeness of
        the plans, drawings or specifications and shall not expand or
        otherwise affect the declarant's warranties created under
        section 5411 (relating to warranty against structural
        defects).
            (13)  All insurance policies insuring the association
        then in force.
            (14)  Copies of any certificates or statements of
        occupancy which may have been issued with respect to the
        improvements comprising the planned community, if and to the
        extent available.
            (15)  Any other permits issued by governmental bodies
        applicable to the planned community property which are then
        currently in force, notices of violations of governmental
        requirements then outstanding and incurred and all reports of
        investigations for the presence of hazardous conditions as
        defined in section 5402(a)(27) (relating to public offering
        statement; general provisions).
            (16)  Any written warranties then in force and effect
        from contractors, subcontractors, suppliers or manufacturers
        who have performed work with respect to the planned community
        property or have supplied equipment or services to the
        planned community property.
            (17)  A roster of unit owners and mortgagees and their
        respective addresses and telephone numbers, if known, as
        shown on the declarant's records.
            (18)  Employment contracts in which the association is or
        is to be one of the contracting parties.
            (19)  Service and other contracts and leases in which the
        association is or is to be one of the contracting parties and
        service contracts in which the association has directly or
        indirectly an obligation or a responsibility to pay some or
        all of the fees or charges of the person or persons
        performing such services.
                                CHAPTER 54
                         PROTECTION OF PURCHASERS
     Sec.
     5401.  Applicability; waiver.
     5402.  Public offering statement; general provisions.
     5403.  Public offering statement; time-share estates.
     5404.  Public offering statement; planned communities
            containing conversion buildings.
     5405.  Public offering statement; planned community securities.
     5406.  Purchaser's right to cancel.
     5407.  Resales of units.
     5408.  Escrow of deposits.
     5409.  Release of liens.
     5410.  Planned communities containing conversion buildings.
     5411.  Warranty against structural defects.
     5412.  Effect of violations on rights of action.
     5413.  Labeling of promotional material.
     5414.  Declarant's obligation to complete and restore.
      § 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 structural defects)
     or as modified or waived by agreement of the purchaser of any
     unit which is intended for nonresidential use at the time of
     sale of such unit by the declarant or by agreement of purchasers
     of units in a planned community who are or intend to be in the
     business of buying and selling planned community units, provided
     that:
            (1)  a purchaser of a unit intended for residential use
        at the time of sale by the declarant may not modify or waive
        the provisions of section 5411 with regard to such unit and
        the common elements;
            (2)  with regard to any limited common element
        appurtenant only to nonresidential units, the unit owners of
        all such units have agreed to such modification or waiver
        and, with regard to any common elements other than limited
        common elements, in a planned community in which all units
        are restricted to nonresidential use, all unit owners have
        agreed to such modification or waiver; and
            (3)  no modification or waiver shall prevent any unit
        owner from indirectly benefiting from any provision in this
        chapter by reason of such unit owner being a unit owner in
        the planned community and a member of the association.
        (b)  Public offering statements.--A public offering statement
     need not be prepared or delivered in the case of:
            (1)  a gratuitous transfer of a unit;
            (2)  a disposition pursuant to court order;
            (3)  a disposition by a government or governmental
        agency;
            (4)  a disposition by foreclosure or deed in lieu of
        foreclosure;
            (5)  a disposition of a unit situated wholly outside this
        Commonwealth pursuant to a contract executed wholly outside
        this Commonwealth; or
            (6)  a transfer to which section 5407 (relating to
        resales of units) applies.
        (c)  Resale certificates.--A resale certificate as described
     in section 5407 need not be prepared or delivered in the cases
     described in subsection (b)(1) through (5).
        (d)  Unified public offering statement.--If a unit is part of
     two or more planned communities or is part of a planned
     community and is part of any other real estate regime in
     connection with the sale of which the delivery of a public
     offering statement is required under the laws of this
     Commonwealth, a single public offering statement conforming to
     the requirements of sections 5402 (relating to public offering
     statement; general provisions), 5403 (relating to public
     offering statement; time-share estates) and 5404 (relating to
     public offering statement; planned communities containing
     conversion buildings), as those requirements relate to any real
     estate regimes in which the unit is located and to any other
     requirements imposed under the laws of this Commonwealth, may be
     prepared and delivered in lieu of providing two or more public
     offering statements.
      § 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 of the declarant and
        of the planned community.
            (2)  A general description of the planned community,
        including, without limitation, the types, number and
        declarant's schedule of commencement and completion of
        construction of all buildings, units and amenities.
            (3)  A narrative description of the type and character of
        units offered, including a statement of the degree of
        completion to be provided or undertaken by the declarant of
        such units and the common elements necessary for use and
        enjoyment of such units upon the conveyance by the declarant
        of units offered.
            (4)  The total number of additional units that may be
        included in the planned community and the proportion of units
        the declarant intends to rent or market in blocks of units to
        investors.
            (5)  A brief narrative description of any options
        reserved by a declarant to withdraw withdrawable real estate
        under section 5206(1) (relating to contents of declaration
        for flexible planned communities) and the expected effect
        that withdrawal would have on the remaining portion of the
        planned community.
            (6)  Copies and a brief narrative description of the
        significant features of the declaration, other than the plats
        and plans, and the bylaws, rules and regulations, agreement
        of sale, copies of any contracts and leases to be signed by
        the purchasers prior to or at closing and a brief narrative
        description of any other contracts or leases or agreements of
        a material nature to the planned community that will or may
        be subject to cancellation by the association under section
        5305 (relating to termination of contracts and leases of
        declarant).
            (7)  Any current balance sheet and a projected budget for
        the association, either within or as an exhibit to the public
        offering statement, for one year after the date of the first
        conveyance to a purchaser; and thereafter, the current budget
        of the association; a statement of who prepared the budget;
        and a statement of the budget's material assumptions,
        including those concerning occupancy and inflation factors.
        The budget must include, without limitation:
                (i)  A statement of the amount, or a statement that
            there is no amount, included in the budget as a reserve
            for repairs and replacement.
                (ii)  A statement containing a description of any
            provisions made in the budget for reserves for
            anticipated material capital expenditures or any other
            reserves or, if no provision is made for reserves, a
            statement to that effect.
                (iii)  The projected common expense assessment by
            category of expenditures for the association.
                (iv)  The projected monthly common expense assessment
            for each type of unit.
            (8)  Any of the following:
                (i)  Services not reflected in the budget that the
            declarant provides or expenses that the declarant pays
            and that the declarant expects may become at any
            subsequent time a common expense of the association.
                (ii)  Personal property not owned by the association
            but provided by the declarant and being used or to be
            used in the operation and enjoyment of the common
            elements which is or will be required in connection with
            the operation and enjoyment of the common elements after
            such personal property is no longer provided by the
            declarant and the projected common expense assessment for
            the association and for each type of unit attributable to
            each of those services or expenses and purchase or rental
            of such personal property.
            (9)  Any initial or special fee due from the purchaser at
        closing, together with a description of the purpose and
        method of calculating the fee.
            (10)  A description of any liens, defects or encumbrances
        on or affecting the title to the planned community.
            (11)  A description of any financing for purchasers
        offered or arranged by the declarant.
            (12)  The terms and significant limitations of any
        warranties provided by the declarant, including statutory
        warranties and limitations on the enforcement thereof or on
        damages.
            (13)  A statement in at least ten-point boldface type,
        appearing on the first page of the public offering statement,
        as follows:
                (i)  That, within 15 days or, in case of a sale of a
            time-share estate, seven days after receipt of a public
            offering statement or an amendment to the public offering
            statement that materially and adversely affects the
            rights or obligations of the purchaser, the purchaser,
            before conveyance, may cancel any contract for purchase
            of a unit from a declarant.
                (ii)  That, if a declarant fails to provide a public
            offering statement and any amendments to a purchaser
            before conveying a unit, the purchaser may recover from
            the declarant damages as provided in section 5406(c)
            (relating to purchaser's right to cancel).
                (iii)  A description of damages under section
            5406(c).
                (iv)  That, if a purchaser receives the public
            offering statement more than 15 days or, in case of a
            sale of a time-share estate, seven days before signing a
            contract, the purchaser cannot cancel the contract unless
            there is an amendment to the public offering statement
            that would have a material and adverse effect on the
            rights or obligations of that purchaser.
            (14)  A statement of any judgments against the
        association, the status of any pending suits to which the
        association is a party and the status of any pending suits
        material to the planned community of which a declarant has
        actual knowledge.
            (15)  A statement that any deposit made in connection
        with the purchase of a unit will be held in an escrow account
        in accordance with the provisions of section 5408 (relating
        to escrow of deposits) and will be returned to the purchaser
        if the purchaser cancels the contract pursuant to section
        5406.

Act text part 3
            (16)  Any restraints on alienation of any portion of the
        planned community.
            (17)  A description of all insurance coverage provided or
        intended to be provided, if such insurance is not then in
        effect, for the benefit of unit owners, including the types
        and extent of coverage and the extent to which such coverage
        includes or excludes improvements or betterments made to
        units, in accordance with section 5312 (relating to
        insurance).
            (18)  Any current or expected fees or charges to be paid
        by unit owners for the use of the common elements and other
        facilities related to the planned community.
            (19)  The extent to which financial arrangements have
        been provided for completion of all improvements labeled
        "MUST BE BUILT" under section 5414 (relating to declarant's
        obligation to complete and restore).
            (20)  All unusual and material circumstances, features
        and characteristics of the planned community and the units.
            (21)  In the case of a leasehold planned community, at
        least the following information:
                (i)  The name and address of each lessor and his
            assignee, if any.
                (ii)  Any relationship between the declarant and any
            lessor or assignee.
                (iii)  A description of the leased property.
                (iv)  The rent and any provision in the lease for
            increases in the rent and any other charges or payments
            required to be paid by the lessee under the lease.
                (v)  Whether the lessee has any right to terminate
            the lease.
                (vi)  The information contained in the declaration as
            required by section 5207(a) (relating to leasehold
            planned communities).
                (vii)  The following notice in boldface type:
                "Purchasers should be aware that this is a leasehold
                planned community, and the purchaser's interest
                therein may be less valuable than a fee interest, may
                depreciate over time and may be of questionable
                marketability."
            (22)  A statement containing a declaration as to the
        present condition of all structural components and major
        utility installations in the subject property, including the
        dates of construction, installation and major repairs, if
        known or ascertainable, and the expected useful life of each
        item, together with the estimated cost in current dollars of
        replacing each of the same.
            (23)  A description of how votes are allocated among the
        units and a statement as to whether cumulative or class
        voting is permitted and, if so, under what circumstances. The
        statement shall also explain the operation of cumulative or
        class voting.
            (24)  A description of any circumstances under which the
        association is to become a master association or part of a
        master association.
            (25)  A statement of all governmental approvals and
        permits required for the use and occupancy of the planned
        community, indicating the name and expiration date of each
        such approval or permit that has been obtained and, as to any
        approvals or permits that have not been obtained, a statement
        indicating when each such approval or permit is expected to
        be obtained and the person responsible for the expense of
        obtaining each such approval or permit.
            (26)  A statement as to whether there are any outstanding
        and uncured notices of violations of governmental
        requirements and, if there are any such notices of
        violations, a description of the alleged violation and a
        statement indicating when each violation is expected to be
        cured and the person who shall bear the expense of curing
        such violation.
            (27)  A statement as to whether the declarant has
        knowledge of any one or more of the following:
                (i)  Hazardous conditions, including contamination,
            affecting the planned community site by hazardous
            substances, hazardous wastes or the like or the existence
            of underground storage tanks for petroleum products or
            other hazardous substances.
                (ii)  Any investigation conducted to determine the
            presence of hazardous conditions on or affecting the
            planned community site.
                (iii)  Any finding or action recommended to be taken
            in the report of any such investigation or by any
            governmental body, agency or authority, in order to
            correct any hazardous conditions and any action taken
            pursuant to those recommendations. If the declarant has
            no knowledge of such matters, the declarant shall make a
            statement to that effect. The declarant shall also set
            forth the address and phone number of the regional
            offices of the Department of Environmental Resources and
            the United States Environmental Protection Agency where
            information concerning environmental conditions affecting
            the planned community site may be obtained.
            (28)  A summary and description of all the provisions of
        the declaration for the planned community to comply with
        section 5205(16) (relating to contents of declaration; all
        planned communities).
            (29)  A statement identifying all facilities and
        amenities in the planned community which the declarant shall
        be obligated to complete and, with respect thereto:
                (i)  The time within which each identified facility
            or amenity shall be completed.
                (ii)  Whether there is a source of funding to
            complete the facilities and amenities or any security for
            the completion, and a description of any such funding
            source and security.
                (iii)  Who will own the facilities and amenities to
            be completed by the declarant.
                (iv)  The responsibilities of unit owners and the
            association, respectively, for the maintenance, repair,
            improvement, administration and regulation of the
            facilities and amenities.
        (b)  Exceptions.--If a planned community composed of not more
     than 12 units is not a flexible planned community and no power
     is received to a declarant to make the planned community part of
     a larger planned community, a group of planned communities or
     other real estate, a public offering statement may, but need
     not, include the information otherwise required by subsection
     (a)(4) and (5) and the narrative descriptions of documents
     required by subsection (a)(6).
        (c)  Amendment for material change in information.--A
     declarant shall promptly amend the public offering statement to
     report any material change in the information required by this
     section.
      § 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 disclose in addition to the
     information required by section 5402 (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 planned community.
            (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 the declarant 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 boldface 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 5406(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,
            the purchaser cannot cancel the contract.
      § 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 contain,
     in addition to the information required by section 5402
     (relating to public offering statement; general provisions):
            (1)  A statement by the declarant, based on a report
        prepared by an independent registered architect or
        professional engineer:
                (i)  Describing the age and present condition and, if
            known or reasonably ascertainable, the dates of
            construction, installation and major repairs of all
            structural components and mechanical and electrical
            installations, including, but not limited to, roofs,
            plumbing, heating, air conditioning, elevators, storm
            water systems and sewage treatment systems material to
            the use and enjoyment of the planned community.
                (ii)  Describing the results of the inspection of the
            units and common elements required pursuant to section
            5411(c) (relating to warranty against structural defects)
            for visible conditions that adversely affect the health
            or safety of residential occupants. The statement should
            also state the extent to which the report by the
            architect or professional engineer is based upon a visual
            inspection of the units as well as the common elements.
            (2)  A statement by the declarant of the expected useful
        life of each item reported on in paragraph (1), including the
        current replacement costs of such item.
            (3)  A list of any outstanding notices of uncured
        violations of building codes or other municipal regulations,
        together with the estimated cost of curing those violations.
            (4)  A statement by the declarant, based on a report
        prepared by an independent licensed exterminating company,
        describing the presence at the planned community of any
        visible pest conditions dangerous to health and safety, such
        as the presence of insects and rodents dangerous to health or
        safety, and outlining actions taken or to be taken to
        eliminate the existence of pest conditions dangerous to
        health or safety.
        (b)  Applicability of section.--This section applies only to
     units that may be occupied for residential use.
      § 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 relating to the
     preparation of a public offering statement in this subpart if
     the declarant delivers to the purchaser a copy of the public
     offering statement filed with the Securities and Exchange
     Commission. An interest in a planned community is not in and of
     itself a security under the provisions of the act of December 5,
     1972 (P.L.1280, No.284), known as the Pennsylvania Securities
     Act of 1972. The offer and sale of planned community units in
     accordance with the requirements of this chapter shall not also
     be subject to the registration requirements of section 201 or
     301 of the Pennsylvania Securities Act of 1972 or the
     promotional real estate sales requirements of the act of
     February 19, 1980 (P.L.15, No.9), known as the Real Estate
     Licensing and Registration Act.
      § 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 purchaser of
     a unit with a copy of the public offering statement and all
     amendments thereto not later than the date the purchaser
     executes the contract of sale for such unit or, if no contract
     of sale is executed, not later than 15 days before conveyance of
     such unit. Unless a purchaser is given the public offering
     statement, including all the currently effective amendments
     thereof, within the time period referred to in the preceding
     sentence, the purchaser, before conveyance, may, except in the
     case of a time-share estate, cancel the contract within 15 days,
     after first receiving the public offering statement and all
     currently effective amendments. Unless a purchaser of a time-
     share estate is given the public offering statement, including
     all the currently effective amendments thereof, more than seven
     days before the purchaser executes the contract for the purchase
     of the unit or, if no contract of sale is executed, seven days
     before conveyance of the unit, the purchaser, before conveyance,
     may cancel the contract within seven days after first receiving
     the public offering statement and all currently effective
     amendments thereof. If a public offering statement is amended
     after the public offering statement has been received by a
     purchaser of a unit, the amendment shall be provided to the
     purchaser promptly after it becomes effective. If the amendment
     materially and adversely affects the rights or obligations or
     both of the purchaser, then the purchaser, before conveyance,
     may cancel the contract of sale within 15 days, or within seven
     days in case of the sale of a time-share estate, after receiving
     the amendment.
        (b)  Method and effect of cancellation.--If a purchaser
     elects to cancel a contract pursuant to subsection (a), the
     purchaser may do so by hand-delivering notice thereof to the
     declarant or by mailing notice thereof by prepaid United States
     mail to the declarant or to the declarant's agent for service of
     process. Cancellation is without penalty and all payments made
     by the purchaser before cancellation shall be refunded promptly.
        (c)  Penalty for noncompliance by declarant.--If a declarant
     fails to provide a purchaser to whom a unit is conveyed with a
     public offering statement and all amendments thereto as required
     by subsection (a), the purchaser, in addition to any other
     relief, is entitled to receive from the declarant an amount
     equal to 5% of the sales price of the unit up to a maximum of
     $2,000 or actual damages, whichever is the greater amount. A
     minor omission or error in the public offering statement or an
     amendment thereto that is not willful shall entitle the
     purchaser to recover only actual damages, if any.
      § 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 shall furnish to a purchaser before execution of any
     contract for sale of a unit or otherwise before conveyance a
     copy of the declaration other than the plats and plans, the
     bylaws, the rules or regulations of the association and a
     certificate containing:
            (1)  A statement disclosing the effect on the proposed
        disposition of any right of first refusal or other restraint
        on the free alienability of the unit.
            (2)  A statement setting forth the amount of the monthly
        common expense assessment and any unpaid common expense or
        special assessment currently due and payable from the selling
        unit owner and any surplus fund credits to be applied with
        regard to the unit pursuant to section 5313 (relating to
        surplus funds).
            (3)  A statement of any other fees payable by unit
        owners.
            (4)  A statement of any capital expenditures proposed by
        the association for the current and two next succeeding
        fiscal years.
            (5)  A statement of the amount of any reserves for
        capital expenditures and of any portions of those reserves
        designated by the association for any specified project.
            (6)  The most recent regularly prepared balance sheet and
        income and expense statement, if any, of the association.
            (7)  The current operating budget of the association.
            (8)  A statement of any judgments against the association
        and the status of any pending suits to which the association
        is a party.
            (9)  A statement describing any insurance coverage
        provided for the benefit of unit owners.
            (10)  A statement as to whether the executive board has
        knowledge that any alterations or improvements to the unit or
        to the limited common elements assigned thereto violate any
        provision of the declaration.
            (11)  A statement as to whether the executive board has
        knowledge of any violations of applicable governmental
        requirements or knowledge of the existence of any hazardous
        conditions pursuant to section 5402(a)(27) (relating to
        public offering statement; general provisions) with respect
        to the unit, the limited common elements assigned to the unit
        or any other portion of the planned community.
            (12)  A statement of the remaining term of any leasehold
        estate affecting the planned community and the provisions
        governing any extension or renewal thereof.
            (13)  A statement as to whether the declaration provides
        for cumulative voting or class voting.
            (14)  A statement as to whether an agreement to terminate
        the planned community has been submitted to the unit owners
        for approval and remains outstanding.
            (15)  A statement of whether the planned community is a
        master association or is part of a master association or
        could become a master association or part of a master
        association.
            (16)  A statement describing which units, if any, may be
        owned in time-share estates and the maximum number of time-
        share estates that may be created in the planned community.
            (17)  A statement of whether the declarant retains the
        special declarant right to cause a merger or consolidation of
        the planned community and, if so, the information describing
        such right which was supplied by the declaration pursuant to
        section 5205(13) (relating to contents of declaration; all
        planned communities), if any.
        (b)  Information supplied by association.--The association,
     within ten days after a request by a unit owner, shall furnish a
     certificate containing the information and copies of documents
     necessary to enable the unit owner to comply with this section.
     A unit owner providing a certificate pursuant to subsection (a)
     is not liable to the purchaser for any erroneous information
     provided by the association and included in the certificate.
        (c)  Liability for error or inaction by association.--A
     purchaser is not liable for any unpaid assessment or fee greater
     than the amount set forth in the certificate prepared by the
     association. A unit owner is not liable to a purchaser for the
     failure or delay of the association to provide the certificate
     in a timely manner, but the purchase contract is voidable by the
     purchaser until the certificate has been provided and for five
     days thereafter or until conveyance, whichever first occurs.
      § 5408.  Escrow of deposits.
        Any deposit (which shall not include any installment payment
     under an installment sales contract nor a payment specifically
     stated in a sales contract to be in payment of or on account of
     extras, changes or custom work) made in connection with the
     purchase or reservation of a unit from a declarant shall be
     placed in escrow and held in this Commonwealth by a licensed
     real estate broker, an attorney admitted to practice in this
     Commonwealth, a financial institution or a licensed title
     insurance company in an account or in the form of a certificate
     of deposit designated solely for that purpose with a financial
     institution whose accounts are insured by a governmental agency
     or instrumentality until:
            (1)  delivered to the declarant at closing or, in the
        case of the sale of a unit pursuant to an installment sales
        contract, upon the expiration of 30 days from the date of
        occupancy of the unit;
            (2)  delivered to the declarant because of purchaser's
        default under a contract to purchase the unit; or
            (3)  refunded to the purchaser.
      § 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 or furnish to the purchaser
     releases of all liens affecting that unit and its rights with
     respect to any common elements which the purchaser does not
     expressly agree to take subject to or assume or shall provide a
     surety bond or substitute collateral for or insurance against
     the liens adequate in nature and amount. This subsection does
     not apply to any convertible or withdrawable real estate in
     which no unit has been conveyed.
        (b)  Other liens.--Before conveying real estate to the
     association, the declarant shall have the real estate released
     from:
            (1)  All liens the foreclosure of which would deprive
        unit owners of any right of access to or easements of support
        of their units.
            (2)  All other liens on that real estate unless the
        public offering statement describes certain real estate which
        may be conveyed subject to liens in specified amounts.
      § 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, if
     any, lawfully in possession of a unit or units in a conversion
     building or buildings a conversion notice no later than one year
     before the declarant requires the residential tenant and
     residential subtenant to vacate. The conversion notice must set
     forth generally the rights of residential tenants and
     residential subtenants under this section and shall be hand
     delivered to the unit or mailed by prepaid United States
     certified or registered mail, return receipt requested, to the
     residential tenant and residential subtenant at the address of
     the unit and not more than one other mailing address provided by
     the residential tenant. Every notice shall be accompanied by a
     public offering statement concerning the proposed sale of
     planned community units within such building or buildings.
     Except as provided in subsection (f), no residential tenant or
     residential subtenant in a conversion building may be required
     by the declarant to vacate the unit earlier than one year after
     the conversion notice date except by reason of nonpayment of
     rent, waste or conduct that disturbs other tenants' peaceful
     enjoyment of the premises, and the terms of the tenancy,
     including those terms that apply to a period occurring in whole
     or in part after the conversion notice date, may not be altered
     but may be enforced during that period. Failure of a declarant
     to give notice to a residential tenant or residential subtenant
     entitled to such notice under this subsection is a defense to an
     action for possession against such residential tenant or
     residential subtenant.
        (b)  Offer to tenant to purchase unit.--For six months after
     the conversion notice date, the declarant shall offer to convey
     each unit or proposed unit occupied for residential use in a
     conversion building to the tenant who leases that unit. If the
     tenant fails to purchase his unit during that six-month period,
     the declarant may not offer to dispose of an interest in that
     unit during the following six months at a price or on terms more
     favorable to the offeree than the price or terms offered to the
     tenant. This subsection shall not apply to any rental unit:
            (1)  which, immediately prior to the conversion notice
        date, was restricted or devoted exclusively to nonresidential
        use; or
            (2)  the boundaries of which, after the creation of the
        planned community, will not substantially conform to the
        boundaries of such unit on the conversion notice date.
        (c)  Effect of wrongful conveyance.--If a declarant, in
     violation of subsection (b), conveys a unit to a purchaser for
     value who has no knowledge of the violation, recording of the
     deed conveying the unit extinguishes any right a tenant may have
     under subsection (b) to purchase that unit if the deed states
     that the seller has complied with subsection (b) but does not
     affect the right of a tenant to recover damages from the
     declarant for a violation of subsection (b).
        (d)  Notice to vacate.--If a conversion notice specifies a
     date by which a unit or proposed unit must be vacated, the
     conversion notice also constitutes a notice of termination of
     the tenant's lease, subject to revocation in accordance with
     subsection (j), and a notice to quit specified by section 501 of
     the act of April 6, 1951 (P.L.69, No.20), known as The Landlord
     and Tenant Act of 1951.
        (e)  Improper lease termination prohibited.--
            (1)  Nothing in this section permits termination of a
        lease by a declarant in violation of its terms.
            (2)  Nothing in this section or in any lease shall
        prohibit a residential tenant, after receiving notice under
        subsection (a), from terminating any lease without any
        liability for such termination provided such tenant gives the
        building owner 90 days' written notice of the intent to
        terminate the lease.
            (3)  The declarant or owner of any proposed conversion
        planned community shall not engage in any activity of any
        nature which would coerce the tenant into terminating any
        lease, including, but not limited to, harassing tenants or
        withholding normal services or repairs.
        (f)  Units leased to senior citizens and disabled persons.--
            (1)  For the purpose of this subsection, an eligible
        tenant or subtenant shall be a natural person who, on the
        conversion notice date, lawfully occupies a unit in a
        conversion building as a principal residence and is 62 years
        of age or older or is disabled and has occupied the unit for
        at least two years. For purposes of this subsection, a person
        shall be deemed to be disabled if on the conversion notice
        date he is totally and permanently unable to engage in any
        substantial gainful activity by reason of any medically
        determinable physical or mental impediment, including, but
        not limited to, blindness.
            (2)  Within 60 days after the conversion notice date, any
        tenant or subtenant in possession of a unit who believes that
        he is an eligible tenant or subtenant shall so notify the
        declarant and shall provide the declarant with proof of his
        eligibility. Any eligible tenant or subtenant who has
        established his eligibility as aforesaid shall be entitled to
        remain in possession of his unit for two years following the
        conversion notice date, notwithstanding any prior termination
        date in his lease, except by reason of nonpayment of rent,
        waste or conduct that disturbs other occupants' peaceful
        enjoyment of the planned community, and the terms of the
        tenancy, including terms that apply to a time period after
        the conversion notice date, may not be altered but may be
        enforced during the time period between the original lease
        termination date and the expiration of this two-year period
        except as is otherwise provided in paragraph (3).
            (3)  The monthly rental payable by the tenant during the
        time period commencing upon the later to occur of the
        original lease termination date or the first anniversary of
        the conversion notice date and ending upon the expiration of
        the two-year period described in paragraph (2) shall be the
        same monthly rental as was payable for the month immediately
        preceding the original lease termination date, except that,
        at the landlord's option, such monthly rental may be
        increased by the lesser of 5% of such monthly rental or the
        same percentage increase as the percentage increase, if any,
        in the Consumer Price Index, as calculated and published by
        the United States Department of Labor for the six-month time
        period commencing on the first day of the first full calendar
        month after the conversion notice date.
            (4)  Failure of a declarant to comply with the provisions
        of this subsection is a defense to an action for possession.
        (g)  Tenant meetings; open to the public.--With respect to
     any conversion building containing one or more units then
     occupied for residential use, at least 30 days before the
     conversion notice date, the declarant shall hold a tenant
     meeting open to the public in the municipality where the
     proposed conversion building is located at a place and time
     convenient to the persons who may be directly affected by the
     conversion. At least ten days' notice of the time and place of
     the meeting shall be given to residential tenants and
     subtenants, in lawful possession of their units, in the same
     manner as is required for the giving of the conversion notice,
     and to the general public by a notice in a newspaper of general
     circulation in the municipality in which the planned community
     is located, except that no notice to the general public need be
     given with respect to conversion buildings as to which the
     provisions of section 5402(b) (relating to public offering
     statement; general provisions) are applicable. At such meeting,
     representatives of the declarant shall briefly describe the
     following and may, but shall not be required to, discuss other
     matters:
            (1)  The rights and obligations of tenants and subtenants
        under this section.
            (2)  Improvements, if any, then planned to be made to the
        planned community by the declarant.
            (3)  The anticipated approximate range of initial unit
        sales prices. Specific unit sales prices need not, however,
        be provided.
            (4)  The anticipated approximate range of estimated
        monthly common expenses for various types of units; however,
        specific per unit estimates need not be provided.
        (h)  Community development grants.--If Federal funds under
     the Community Economic Development Act of 1981 (Public Law 97-
     35, 42 U.S.C. § 9801 et seq.) have been used to finance the
     rehabilitation of multifamily rental housing, with the intent
     that such housing subsequent to the rehabilitation is to be used
     for residential rental purposes, such housing shall not be
     converted to a planned community for a period of ten years from
     the date the rehabilitation is completed.
        (i)  Revocation.--A declarant may subsequently revoke a
     conversion notice if the declarant has expressly reserved the
     right of revocation in the conversion notice and if the notice
     of revocation:
            (1)  Is given prior to the conveyance of any unit in the
        planned community occurring after the conversion notice date
        other than a unit or units conveyed to a successor declarant
        or as a result of foreclosure of a mortgage on the unit or a
        deed in lieu thereof.
            (2)  Is given in the same manner as is required for the
        giving of the conversion notice.
            (3)  Is given to all persons who were entitled to receive
        the conversion notice and who continue to be in lawful
        occupancy at the time such notice of revocation is given. The
        giving of a notice of revocation revokes all rights granted
        under this section, but does not revoke the rights granted to
        residential tenants under subsection (a) or (f) and such
        rights shall be deemed to have been incorporated in each
        residential tenant's lease.
        (j)  Waiver of purchase rights.--Notwithstanding any
     provisions of this subpart prohibiting waiver of rights, any
     tenant may waive his right to purchase a unit under subsection
     (b) if the waiver is in writing, is acknowledged and is given in
     consideration of:
            (1)  an extension of the term of the tenant's tenancy and
        right of occupancy under this subpart beyond the time period
        required by subsection (b);
            (2)  the tenant entering into an agreement to purchase
        another unit in the planned community; or
            (3)  all occupants of the unit making alternative living
        arrangements.
        (k)  Alteration of terms of tenancy.--Notwithstanding any
     provisions of subsection (a) or (f), the terms of the tenancy of
     a tenant or subtenant may be altered with the express written
     consent of that tenant or subtenant, and such altered terms
     shall then be the terms of tenancy referred to in this section.
        (l)  Application of section.--The provisions of this section
     shall apply only with respect to conversion buildings in which
     one or more residential tenants or residential subtenants are in
     lawful occupancy on the conversion notice date and the only
     tenants who are entitled to exercise the rights granted under
     this section are residential tenants or residential subtenants:
            (1)  who are in lawful occupancy of conversion building
        on the date the declarant gives the conversion notice; or
            (2)  who commence their tenancy after the notice of
        conversion is given to the other residential tenants without
        having been notified in writing, at or prior to the
        commencement of their tenancy, that the property is then a
        planned community and that they are not entitled to the
        rights granted under this section. Such rights continue only
        so long as the lawful occupancy of the tenant or subtenant
        continues.
      § 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.
        (b)  General rule.--A declarant warrants against structural
     defects in each of the units and the controlled facilities that
     are part of a unit for two years from the date each unit is
     conveyed to a bona fide purchaser, and all of the controlled
     facilities that are not part of a unit and all common facilities
     for two years. Only the association may bring an action for
     breach of warranty with respect to common facilities and the
     controlled facilities that are not part of a unit. An action for
     breach of warranty with respect to one or more units or
     controlled facilities that are a part of a unit may be brought
     either by the association or an owner of an affected unit. Any
     conveyance of a unit during the two-year warranty period shall
     be deemed to transfer to the purchaser all of the declarant's
     warranties created under this section. The two years shall
     begin, as to each of the controlled facilities that are not part
     of a unit, whenever the controlled facilities that are not part
     of the unit have been completed and, as to each common facility,
     whenever such common facilities have been completed, or if
     later:
            (1)  As to any controlled facilities that are not part of
        a unit and as to common facilities within any additional real
        estate or portion thereof, at the time the first unit therein
        is conveyed to a bona fide purchaser.
            (2)  As to any controlled facilities that are not part of
        a unit and as to common facilities within any convertible
        real estate or portion thereof, at the time the first unit
        therein is conveyed to a bona fide purchaser.
            (3)  As to any controlled facilities that are not part of
        a unit and as to common facilities within any other portion
        of the planned community, at the time the first unit therein
        is conveyed to a bona fide purchaser.
        (c)  Planned communities containing conversion buildings.--A
     declarant of a planned community containing one or more
     conversion building warrants as follows:
            (1)  That there are no structural defects in components
        installed anywhere in the planned community or in work done
        or improvements made by or on behalf of the declarant
        anywhere in the planned community.
            (2)  That all units and common elements in each
        conversion building have been inspected for visible
        structural and mechanical defects and for other visible
        conditions that adversely affect the health or safety of
        residential occupants, as required by section 5404(a)(1)
        (relating to public offering statement; planned communities
        containing conversion buildings), except no such inspection
        is required of any unit if the tenant or other lawful
        occupant of the unit does not permit such inspection to be
        conducted.
            (3)  That any defects and other visible conditions found
        have been repaired.
     The warranties under subsection (b) shall be applicable to any
     units and common elements that are located within a building
     that contains or comprises one or more units and is not a
     conversion building. Otherwise the declarant may offer the
     units, common elements, or both, in an "as is" condition. The
     declarant of a planned community containing any conversion
     buildings may also give a more extensive warranty in writing.
     The times at which the warranties required by this subsection
     commence and the duration of such warranties shall be as
     provided in subsection (b).
        (d)  Exclusion or modification of warranty.--Except with
     respect to a purchaser of a unit for residential use, the
     warranty against structural defects:
            (1)  May be excluded or modified by agreement of the
        parties.
            (2)  Is excluded by expression of disclaimer, such as "as
        is," "with all faults" or other language which in common
        understanding calls the buyer's attention to the exclusion of
        warranties.
        (e)  Limitation of actions.--No action to enforce the
     warranty created by this section shall be commenced later than
     six years after the warranty begins.
      § 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, any person or class of persons adversely
     affected by the violation has a claim for appropriate relief.
     Punitive damages may be awarded in the case of a willful
     violation of the subpart.
      § 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" on a plat or plan or is to be
     located within convertible real estate, no promotional material
     may be displayed or delivered to prospective purchasers which
     describes or depicts that improvement unless the description or
     depiction of the improvement is conspicuously labeled or
     identified as "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 plans).
        (b)  Repair and restoration.--The declarant is subject to
     liability for the prompt repair and restoration, to a condition
     compatible with the remainder of the planned community, of any
     portion of the planned community affected by the exercise of
     rights reserved pursuant to or created by sections 5211
     (relating to conversion and expansion of flexible planned
     communities), 5212 (relating to withdrawal of withdrawable real
     estate), 5217 (relating to declarant offices, models and signs)
     and 5218 (relating to easement to facilitate completion,
     conversion and expansion).
        (c)  Substantial completion prerequisite to conveyance.--A
     unit which is part of or constitutes a structure shall not be
     conveyed to a person other than a successor to any special
     declarant rights unless all structural components and common
     element mechanical systems of the structure containing or
     constituting such unit or units are substantially completed to
     the extent required of the declarant so as to permit the use of
     such unit or units and any limited common elements appurtenant
     thereto for their intended use. Such substantial completion
     shall be evidenced by a recorded certification of completion
     executed by an independent registered surveyor, architect or
     professional engineer with regard to any such structure.
        (d)  Substantial completion of unit.--No interest in a unit
     shall be conveyed to a person other than a successor to any
     special declarant rights until the unit is substantially
     completed in accordance with the descriptions set forth in both
     the declaration under section 5205 (relating to contents of
     declaration; all planned communities) and in the public offering
     statement under section 5402(a) (relating to public offering
     statement; general provisions), as evidenced by a recorded
     certificate of completion executed by an independent registered
     surveyor, architect or professional engineer.
        (e)  Construction of section.--Nothing contained in this
     subpart shall prevent the offering for sale of a unit or
     interest in a unit or the execution of any agreement to sell and
     purchase a unit or any interest in a unit (as opposed to actual
     conveyance) prior to the completion of the unit or any other
     portion of the planned community.
        Section 2.  This act shall take effect in 45 days.

     APPROVED--The 19th day of December, A. D. 1996.

     THOMAS J. RIDGE

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