3218 - Easement to facilitate completion, conversion and expansion.

     § 3218.  Easement to facilitate completion, conversion and                expansion.            (1)  Subject to the provisions of the declaration, a        declarant has an easement through the common elements as may        be reasonably necessary for the purpose of discharging a        declarant's obligations or exercising special declarant        rights, however arising.            (2)  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 usage by vehicles of more than ten        tons gross weight if:                (i)  the restrictions are imposed only on a week-by-            week basis for an aggregate period not to exceed eight            weeks during any calendar year;                (ii)  the thaw conditions are reviewed by the            association at least weekly; and                (iii)  signs are conspicuously posted by the            association at all entrances to the condominium advising            when and where the thaw restrictions are applicable.            (3)  An association shall not have the power to impose        any fees or charges or required financial security, including        surety bonds, letters of credit or escrow deposits for the        use of the easement rights under this section except for the        repair of damage caused to common elements in the exercise of        the easement rights.            (4)  The declarant or owner who exercises the easement        rights under this section, whether directly or indirectly        through an agent, servant, contractor or employee, shall have        the obligation to promptly return any portion of the common        elements damaged by the exercise by the declarant or owner or        its agent, servant, contractor or employee of the easement        under this section to the appearance, condition and function        in which it existed prior to the exercise of the easement or        to reimburse the association for all reasonable costs, fees        and expenses incurred by the association to return any        portion of the common elements so damaged to the appearance,        condition and function in which it existed prior to the        exercise of the easement.     (Dec. 18, 1992, P.L.1279, No.168, eff. 45 days; Nov. 30,     P.L.1509, No.191, eff. 60 days)        Cross References.  Section 3218 is referred to in sections     3103, 3414 of this title.