act-2008-0-49•Pennsylvania Act 2008-49 — REAL AND PERSONAL PROPERTY (68 PA.C.S.) - APPLICATION OF SUBPART RELATING TO CONDOMINIUMS CREATED BY PRIOR STATUTORY LAW AND LIEN FOR ASSESSMENTS
Pennsylvania Act 2008-49 — REAL AND PERSONAL PROPERTY (68 PA.C.S.) - APPLICATION OF SUBPART RELATING TO CONDOMINIUMS CREATED BY PRIOR STATUTORY LAW AND LIEN FOR ASSESSMENTS
act-2008-0-492008 Pa. Act 49Law
Act text
REAL AND PERSONAL PROPERTY (68 PA.C.S.) - APPLICATION OF SUBPART RELATING
TO CONDOMINIUMS CREATED BY PRIOR STATUTORY LAW AND LIEN FOR ASSESSMENTS
Act of Jul. 4, 2008, P.L. 619, No. 49 Cl. 68
Session of 2008
No. 2008-49
HB 2295
AN ACT
Amending Title 68 (Real and Personal Property) of the
Pennsylvania Consolidated Statutes, in management of
condominiums, further providing for application of subpart
relating to condominiums created by prior statutory law and
for lien for assessments.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 3102(b) and 3315(b)(2)(i) of Title 68 of
the Pennsylvania Consolidated Statutes are amended to read:
§ 3102. Applicability of subpart.
* * *
(b) Prior statutory law.--The provisions of the act of July
3, 1963 (P.L.196, No.117), known as the Unit Property Act, do
not apply to condominiums created after the effective date of
this subpart and do not invalidate any amendment to the
declaration, code of regulations or declaration plan of any
condominium created before the effective date of this subpart if
the amendment would be permitted by this subpart. The amendment
must be adopted in conformity with the procedures and
requirements specified by those instruments and by the
provisions of the Unit Property Act. If the amendment grants to
any person any rights, powers or privileges permitted by this
subpart, all correlative obligations, liabilities and
restrictions in this subpart also apply to that person. By
amendment to the declaration, code of regulations and
declaration plan, a condominium created pursuant to the Unit
Property Act may be made subject to all of the provisions of
this subpart in lieu of the provisions of the Unit Property Act,
effective as of the date of recordation of such amendments and
without in any way terminating the condominium status of the
property or in any way affecting any lien or encumbrance on the
property, if the terms of such amended documents conform to the
requirements of this subpart and if such amendments have been
approved by [all] 67% of the persons whose actions would have
been required to effect a removal of the property from the Unit
Property Act pursuant to section 601 thereof. No amendment of:
(1) the declaration, code of regulations or declaration
plan of a condominium created pursuant to the Unit Property
Act; or
(2) the declaration, bylaws or plats and plans of a
condominium created pursuant to this subpart;
may increase the obligations or responsibilities of a declarant
(as such and not as a unit owner) without the joinder of the
declarant in such amendment.
* * *
§ 3315. Lien for assessments.
* * *
(b) Priority of lien.--
* * *
(2) Limited nondivestiture.--The association's lien for
assessments shall be divested by a judicial sale of the unit:
(i) As to unpaid common expense assessments made
under section 3314(b) (relating to assessments for common
expenses) that come due during the six months immediately
preceding the date of a judicial sale of a unit in an
action to enforce collection of a lien against a unit[.]
by a judicial sale, only to the extent that the six
months' unpaid assessments are paid out of the proceeds
of the sale.
* * *
Section 2. This act shall take effect immediately.
APPROVED--The 4th day of July, A. D. 2008.
EDWARD G. RENDELL
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