Condominiums -

                                CHAPTER 32                   CREATION, ALTERATION AND TERMINATION                             OF CONDOMINIUMS     Sec.     3201.  Creation of condominium.     3202.  Unit boundaries.     3203.  Construction and validity of declaration and bylaws.     3204.  Description of units.     3205.  Contents of declaration; all condominiums.     3206.  Contents of declaration; flexible condominiums.     3207.  Leasehold condominiums.     3208.  Allocation of common element interests, votes and            common expense liabilities.     3209.  Limited common elements.     3210.  Plats and plans.     3211.  Conversion and expansion of flexible condominiums.     3212.  Withdrawal of withdrawable real estate.     3213.  Alterations of units.     3214.  Relocation of boundaries between adjoining units.     3215.  Subdivision or conversion of units.     3216.  Easement for encroachments.     3217.  Declarant's offices, models and signs.     3218.  Easement to facilitate completion, conversion and            expansion.     3219.  Amendment of declaration.     3220.  Termination of condominium.     3221.  Rights of secured lenders.     3222.  Master associations.     3223.  Merger or consolidation of condominiums.        Enactment.  Chapter 32 was added July 2, 1980, P.L.286,     No.82, effective in 120 days.     § 3201.  Creation of condominium.        A condominium may be created pursuant to this subpart only by     recording a declaration executed, in the same manner as a deed,     by all persons 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     condominium or reduce its size, provided, however, in any such     lease wherein the lessor is the Commonwealth of Pennsylvania, a     municipal government or any agency thereof, said lessor need not     execute the declaration if they shall have previously given     written consent to its filing and agreed to be bound by the     provisions of the Pennsylvania Uniform Condominium Act, in which     case said declaration shall be executed by the lessee then in     possession of the subject property. The declaration shall be     recorded in every county in which any portion of the condominium     is located in the same records as are maintained for the     recording of deeds of real property and shall be indexed against     each declarant as the grantor and the name of the condominium as     the grantee.     (Dec. 18, 1992, P.L.1279, No.168, eff. 45 days)        Cross References.  Section 3201 is referred to in section     3106 of this title.     § 3202.  Unit boundaries.        Except as provided by the declaration:            (1)  If walls, floor or ceilings are designated as        boundaries of a unit, all lath, furring, wallboard,        plasterboard, plaster, paneling, tiles, wallpaper, paint,        finished flooring and any other materials constituting any        part of the finished surfaces thereof are a part of the unit,        and all other portions of the walls, floors or ceilings are a        part of the common elements.            (2)  If any chute, flue, duct, wire, conduit, bearing        wall, bearing column or any other fixture lies partially        within and partially outside the designated boundaries of a        unit, any portion thereof serving only that unit is a limited        common element allocated solely to that unit, and any portion        thereof serving more than one unit or any portion of the        common elements is a part of the common elements.            (3)  Subject to the provisions of paragraph (2), all        spaces, interior partitions and other fixtures and        improvements within the boundaries of a unit are a part of        the unit.            (4)  Any shutters, awnings, window boxes, doorsteps,        stoops, porches, balconies, patios and all exterior doors and        windows or other fixtures designed to serve a single unit,        but located outside the unit's boundaries, are limited common        elements allocated exclusively to that unit.        Cross References.  Section 3202 is referred to in sections     3103, 3209, 3210, 3302 of this title.     § 3203.  Construction and validity of declaration and bylaws.        (a)  Provisions severable.--All provisions of the declaration     and bylaws are severable.        (b)  Application of rule against perpetuities.--The rule     against perpetuities may not be applied to 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.--In the event     of a conflict between the provisions of the declaration and the     bylaws, the declaration prevails 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 common element interest is not 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.        Cross References.  Section 3203 is referred to in section     3102 of this title.     § 3204.  Description of units.        After the declaration is recorded, a description of a unit     which sets forth the name of the condominium, the recording data     for the declaration, the county or counties in which the     condominium is located and the identifying number of the unit is     a sufficient legal description of that unit and its common     element interest even if the common element interest is not     described or referred to therein. 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 shall be     indexed by the recorder in the same manner as like instruments     are indexed.        Cross References.  Section 3204 is referred to in section     3102 of this title.     § 3205.  Contents of declaration; all condominiums.        The declaration for a condominium must contain:            (1)  The name of the condominium which must include the        word "condominium" or be followed by the words "a        condominium."            (2)  The name of every county in which any part of the        condominium is situated.            (3)  A legally sufficient description of the real estate        included in the condominium.            (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 3215(c) (relating to        subdivision or conversion of units).            (6)  A description of any limited common elements as        provided in section 3209 (relating to limited common        elements) and limited common expenses, if any, and how they        are to be assessed.            (7)  A description of any common elements not within the        boundaries of any convertible real estate which may be        allocated subsequently as limited common elements together        with a statement that they may be so allocated and a        description of the method by which the allocations are to be        made.            (8)  An allocation to each unit of an undivided interest        in the common elements, a portion of the votes in the        association and a percentage or fraction of the common        expenses of the association (section 3208).            (9)  Any restrictions created by the declarant on use,        occupancy and alienation of the units.            (10)  The recording data for recorded easements and        licenses appurtenant to or included in the condominium or to        which any portion of the condominium is or may become        subject.            (11)  If all or any of the units are or may be owned in        time-share estates as defined in section 3403(a) (relating to        public offering statement; 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 condominium, it        being intended that time-share estates shall not be permitted        except if and to the extent expressly authorized by the        declaration.            (12)  If the declarant wishes to retain the special        declarant right to cause section 3222 (relating to master        associations) to become applicable to a condominium, then:                (i)  an explicit reservation of such right;                (ii)  a statement of the time limit, not exceeding            seven years after the recordation of the declaration,            upon which the 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; and                (iii)  the information required to be included in the            declaration by the provisions of section 3222.            (13)  If the declarant wishes to retain the special        declarant right to merge or consolidate the condominium        pursuant to section 3223 (relating to merger or consolidation        of condominiums), 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 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 condominium that may be subject to such a merger or            consolidation if such other condominiums exist and if            such other condominiums do not exist, then the            declaration shall include the following:                    (A)  A statement of the extent to which the                common element interest, relative voting strength in                the association and share of common expense liability                of each unit in the condominium 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 which is part of any other                condominiums which may be created and with which the                condominium may merge or consolidate.                    (C)  If mergers or consolidations may be                effectuated at different times, a statement to that                effect together with:                        (I)  either a statement fixing the boundaries                    of those condominiums 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                    condominiums are merged or consolidated with the                    condominium, all or any of such condominiums must                    be merged or consolidated.                    (D)  A statement of:                        (I)  the maximum number of units that may be                    created within any such other condominiums, the                    boundaries of which are fixed pursuant to 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                    condominiums, the boundaries of which are not                    fixed pursuant to clause (C).                    (E)  If any of the units that may be built within                any such other condominiums are not to be restricted                exclusively to residential use, a statement with                respect to each portion of such other condominiums of                the maximum percentage of the real estate areas and                the maximum percentage of the floor areas of all                units that may be created therein 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 such other                condominiums will be compatible with the other                buildings and units in the condominium 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 such                other condominiums 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 such other condominiums 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 such other condominiums or a                statement that no assurances are made in that regard.                    (J)  A statement that any limited common elements                created within any such other condominiums will be of                the same general types and sizes as those within the                condominium or 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 such other                condominiums will be approximately equal to the                proportion existing within the condominium or a                statement of any other assurances in that regard or a                statement that no assurances are made in that regard.                    (L)  A statement of the extent to which any                assurances made in the declaration regarding such                other condominiums pursuant to clauses (C) through                (K) apply in the event any such condominiums are not                merged or consolidated with the condominium or a                statement that those assurances do not apply if the                condominiums are not merged or consolidated with the                condominium; and                (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 such right is exercised.            (14)  Any other matters the declarant deems appropriate.     (Dec. 18, 1992, P.L.1279, No.168, eff. 45 days)        Cross References.  Section 3205 is referred to in sections     3103, 3206, 3209, 3211, 3222, 3223, 3407, 3414 of this title.     § 3206.  Contents of declaration; flexible condominiums.        The declaration for a flexible condominium shall include, in     addition to the matters specified in section 3205 (relating to     contents of declaration; all condominiums):            (1)  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 condominium.            (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 any 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 pursuant to law, or else a statement that there        are no such limitations.            (4)  A statement of the extent to which the common        element interest, relative voting strength in the association        and share of common expense liability of each unit in the        condominium 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)  either 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 pursuant to paragraph (6);                (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 portions the boundaries of which            are not fixed pursuant to 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 floor 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        or convertible real estate will be compatible with the other        buildings and units in the condominium 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 condominium, or 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 condominium, or 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 pursuant to paragraphs (6) through (14) apply in        the event any additional real estate is not added to or any        withdrawable land is withdrawn from the condominium, or a        statement that those assurances do not apply if the real        estate is not added to or is withdrawn from the condominium.        Cross References.  Section 3206 is referred to in sections     3211, 3212, 3402 of this title.     § 3207.  Leasehold condominiums.        (a)  Recording lease and contents of declaration.--Any lease     the expiration or termination of which may terminate the     condominium or reduce its size shall be recorded and the     declaration shall state:            (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 within a reasonable time after the expiration or        termination of the lease, or a statement that they 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 they do        not have those rights.        (b)  Limitation on termination of leasehold interest.--After     the declaration for a leasehold condominium is recorded, neither     the lessor nor his successor in interest may terminate the     leasehold interest of a unit owner who makes timely payment of     his 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 units reduced.--     If the expiration or termination of a lease decreases the number     of units in a condominium, the common element interests, votes     in the association and common expense liabilities shall be     reallocated in accordance with section 3107 (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.        Cross References.  Section 3207 is referred to in sections     3219, 3402 of this title.     § 3208.  Allocation of common element interests, votes and                common expense liabilities.        (a)  General rule.--The declaration shall allocate a fraction     or percentage of undivided interests in the common elements and     in 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 condominiums.--If units may be added to,     including by conversion of convertible real estate to one or     more units, or withdrawn from the condominium, the declaration     must state the formulas to be used to reallocate the fractions     or percentages of undivided interests in the common elements and     in the common expenses of the association and the portions of     the votes in the association among all units included in the     condominium after the addition or withdrawal.        (c)  Votes.--Each unit in the condominium shall be allocated     one or more votes in the condominium association. The     declaration shall specify how votes in the condominium shall be     allocated among the units and may provide:            (1)  for different allocations of votes among the units        on particular matters specified in the declaration; and            (2)  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.     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 limitations imposed upon declarants by this subpart. The     declaration may provide that different allocations of votes     shall be made to the units on particular matters specified in     the declaration.        (d)  Alteration or partition of allocations.--Except in the     case of eminent domain (section 3107), expansion or conversion     of a flexible condominium (section 3211), withdrawal of     withdrawable real estate (section 3212), relocation of     boundaries between adjoining units (section 3214) or subdivision     of units (section 3215), the common element interest, votes and     common expense liability allocated to any unit may not be     altered without unanimous consent of all unit owners. 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 sums of the undivided interests     in the common elements and common expense liabilities allocated     at any time to all the units shall each equal one if stated as     fractions or 100% if stated as percentages. In the event of     discrepancy between the common element interest, votes or common     expense liability allocated to a unit and the result derived     from application of the formulas, the allocated common element     interest, vote or common expense liability prevails.     (Dec. 18, 1992, P.L.1279, No.168, eff. 45 days)        Cross References.  Section 3208 is referred to in sections     3103, 3205, 3311, 3314 of this title.     § 3209.  Limited common elements.        (a)  Allocation.--Except for the limited common elements     described in section 3202(2) and (4) (relating to unit     boundaries), the declaration shall specify to which unit or     units each limited common element is allocated. 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 those unit owners. The persons executing     the assignment or amendment to the declaration shall provide a     copy thereof 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 3205(7) (relating to     contents of declaration; all condominiums). 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.        Cross References.  Section 3209 is referred to in sections     3205, 3211, 3219 of this title.     § 3210.  Plats and plans.        (a)  General rule.--Plats and plans are a part of the     declaration. Separate plats and plans are not required by this     subpart if all the information 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:            (1)  The name, location and dimensions of the        condominium.            (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 condominium labeled either "MUST BE BUILT" or "NEED NOT        BE BUILT" but need not show contemplated improvements within        the boundaries of convertible real estate.            (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 extent of any encroachments by or upon any        portion of the condominium.            (7)  To the extent feasible, the location and dimensions        of all easements serving or burdening any portion of the        condominium.            (8)  The location and dimensions of any vertical unit        boundaries not shown or projected on plans recorded pursuant        to subsection (c) and that unit's identifying number.            (9)  The location with reference to established datum of        any horizontal unit boundaries not shown or projected on        plans recorded pursuant to subsection (c) and that unit's        identifying number.            (10)  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."            (11)  The distance between noncontiguous parcels of real        estate comprising the condominium.            (12)  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 3202(2) and (4) (relating to unit        boundaries) not shown on plans recorded pursuant to        subsection (c).            (13)  All other matters customarily shown on land        surveys.        (c)  Contents of plan.--Plans of every building that contains     or comprises all or part of any unit and is located or must be     built within any portion of the condominium, other than within     the boundaries of any convertible real estate, must show:            (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        established datum, not shown on plats recorded pursuant to        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 (section 3215(c)),        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        section 3202(2) and (4) not shown on plats recorded pursuant        to 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     (section 3211), 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 the remaining portion.        (f)  Converting units.--If a declarant converts any unit into     two or more units, limited common elements, or both (section     3215), he shall record new plans showing the location and     dimensions of any new units and limited common elements thus     created as well as the location and dimensions 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 must be made by an     independent registered surveyor, architect or professional     engineer.     (Dec. 18, 1992, P.L.1279, No.168, eff. 45 days; Nov. 30, 2004,     P.L.1509, No.191, eff. 60 days)        2004 Amendment.  Act 191 amended subsec. (h).        Cross References.  Section 3210 is referred to in sections     3103, 3211, 3219, 3413, 3414 of this title.     § 3211.  Conversion and expansion of flexible condominiums.        (a)  General rule.--To convert convertible real estate or add     additional real estate pursuant to an option reserved under     section 3206(1) (relating to contents of declaration; flexible     condominiums), the declarant shall prepare, execute and record     an amendment to the declaration (section 3219) and comply with     section 3210 (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 common element interests, 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 3209 (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 condominium if the amendment adding     that real estate includes all matters required by section 3205     (relating to contents of declaration; all condominiums) or     section 3206 (relating to contents of declaration; flexible     condominiums), as the case may be, and the plat includes all     matters required by section 3210(b) (relating to plats and     plans). This provision does not extend the time limit on     conversion or contraction of a flexible condominium imposed by     the declaration pursuant to section 3206(2).        (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     condominium 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.     (Dec. 18, 1992, P.L.1279, No.168, eff. 45 days)        Cross References.  Section 3211 is referred to in sections     3103, 3208, 3210, 3219, 3302, 3414 of this title.     § 3212.  Withdrawal of withdrawable real estate.        (a)  General rule.--To withdraw withdrawable real estate from     a flexible condominium pursuant to an option reserved under     section 3206(1) (relating to contents of declaration; flexible     condominiums), 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 common element     interests, votes in the association and common expense     liabilities to the remaining units in the condominium in     proportion to the respective interests, votes and liabilities of     those units before the withdrawal, and the reallocation is     effective when the amendment is recorded.        (b)  When withdrawal prohibited.--If a portion of the     withdrawable real estate was described pursuant to section     3206(6), 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     condominium 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.        Cross References.  Section 3212 is referred to in sections     3103, 3208, 3219, 3414 of this title.     § 3213.  Alterations of units.        Subject to the provisions of the declaration and other     provisions of law, a unit owner:            (1)  May make any improvements or alterations to his unit        that do not impair the structural integrity or mechanical        systems or lessen the support of any portion of the        condominium.            (2)  May not change the appearance of the common elements        or the exterior appearance of a unit or any other portion of        the condominium without permission of the association.            (3)  After acquiring an adjoining unit or an adjoining        part of an adjoining unit, 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 condominium. Removal of partitions or creation of        apertures under this paragraph is not an alteration of        boundaries.     § 3214.  Relocation of boundaries between adjoining units.        (a)  General rule.--Subject to the provisions of the     declaration and other provisions of law, the boundaries between     adjoining units may be relocated by an amendment 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 common element     interests, votes in the association and common expense     liabilities, 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 recordation,     is indexed in the name of the grantor and the grantee.        (b)  Preparing and recording plats or plans.--The association     shall prepare and record plats or plans necessary to show the     altered boundaries between adjoining units and their dimensions     and identifying numbers.        Cross References.  Section 3214 is referred to in sections     3208, 3219 of this title.     § 3215.  Subdivision or conversion of units.        (a)  General rule.--If the declaration expressly so permits,     a unit may be subdivided into two or more units or, in the case     of a unit owned by a declarant, may be subdivided or converted     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, assign an identifying number to each unit created     and reallocate the common element interest, 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 other units the common     element interest, votes in the association and common expense     liability formerly allocated to the converted unit on a pro rata     basis, inter se.     (Dec. 18, 1992, P.L.1279, No.168, eff. 45 days)        Cross References.  Section 3215 is referred to in sections     3103, 3205, 3208, 3210, 3219 of this title.     § 3216.  Easement for encroachments.        To the extent that any unit or common element encroaches on     any other unit or common element, a valid easement for the     encroachment exists. The easement does not relieve a unit owner     of liability in case of his willful misconduct nor relieve a     declarant or any contractor, subcontractor or materialman of     liability for failure to adhere to the plats and plans.     § 3217.  Declarant's offices, models and signs.        (a)  Common elements.--A declarant may maintain offices and     models in the common element portion of the condominium only in     connection with the management, sale or rental of units owned by     the declarant in the condominium 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, he ceases to have any     rights with regard to such portions of the common elements so     used unless such portions are removed promptly from the     condominium 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 limitations in the declaration, a     declarant may maintain signs in his units and on the common     elements advertising units in the condominium 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 the management, sale or rental of units owned by the     declarant in the condominium in his unit or units in the     condominium, 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 declarant's rights     pursuant to this subsection by specific reference thereto.     (Dec. 18, 1992, P.L.1279, No.168, eff. 45 days)        Cross References.  Section 3217 is referred to in sections     3103, 3304, 3414 of this title.     § 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.     § 3219.  Amendment of declaration.        (a)  Number of votes required.--Except in cases of amendments     that may be executed by a declarant under section 3210(e) and     (f) (relating to plats and plans), 3211(a) (relating to     conversion and expansion of flexible condominiums) or 3212(a)     (relating to withdrawal of withdrawable real estate); the     association under subsection (f) or section 3107 (relating to     eminent domain), 3207(d) (relating to leasehold condominiums),     3209(c) (relating to limited common elements) or 3215(a)     (relating to subdivision or conversion of units); or certain     unit owners under section 3209(b) (relating to limited common     elements), 3214(a) (relating to relocation of boundaries between     adjoining units), 3215(b) (relating to subdivision or conversion     of units) or 3220(b) (relating to termination of condominium),     and except as limited by subsection (d) and section 3221     (relating to rights of secured lenders), the declaration,     including the plats and plans, may be amended only by vote or     agreement of unit owners of units to which at least 67% of the     votes in the association are allocated, or any larger majority     the declaration specifies. The declaration may specify a smaller     number only if all of the units are restricted exclusively to     nonresidential use.        (b)  Limitation of action to challenge amendment.--No action     to challenge the validity of an amendment adopted by the     association pursuant to 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     condominium 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 condominium in both the grantor and grantee     index. An amendment is effective only upon recordation.        (d)  When unanimous consent required.--Except to the extent     expressly permitted or required by other provisions of this     subpart, no amendment may create or increase special declarant     rights, increase the number of units or change the boundaries of     any unit, the common element interest, common expense liability     or voting strength in the association allocated to a unit, or     the uses to which any unit is restricted, in the absence of     unanimous consent of the unit owners.        (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 any officer of the association designated for that purpose     or, in the absence of designation, by the president of the     association.        (f)  Corrective amendments.--Except as otherwise provided in     the declaration, if any amendment to the declaration is     necessary in the judgment of the executive board to cure any     ambiguity or to correct or supplement any provision of the     declaration, including the plats and plans, that is defective,     missing or inconsistent with any other provision thereof or with     this subpart or if an amendment is necessary in the judgment of     the executive board to 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 on     units in condominium projects (such as the Federal National     Mortgage Association and the Federal Home Loan Mortgage     Corporation), to comply with any statute, regulation, code or     ordinance which may now or hereafter be made applicable to the     condominium or association, or to make a reasonable     accommodation or permit a reasonable modification in favor of     handicapped, as may be defined by prevailing Federal or State     laws or regulations applicable to the association, unit owners,     residents, tenants or employees, then, at any time and from time     to time, the executive board may at its discretion effect an     appropriate corrective amendment without the approval of the     unit owners or the holders of any liens on all or any part of     the condominium, upon receipt by the executive board of an     opinion from independent legal counsel to the effect that the     proposed amendment is permitted by the terms of this subsection.     (Dec. 18, 1992, P.L.1279, No.168, eff. 45 days; Nov. 30, 2004,     P.L.1509, No.191, eff. 60 days)        2004 Amendment.  Act 191 amended subsecs. (a) and (f).        Cross References.  Section 3219 is referred to in sections     3102, 3211, 3303 of this title.     § 3220.  Termination of condominium.        (a)  Number of votes required.--Except in the case of a     taking of all the units by eminent domain (section 3107), a     condominium may be terminated only by agreement of unit owners     of units to which at least 80% of the votes in the association     are allocated, or any larger percentage the declaration     specifies. The declaration may specify a smaller percentage only     if all of the units in the condominium are restricted     exclusively to nonresidential uses.        (b)  Execution and recording agreement and ratifications.--An     agreement of unit owners to terminate a condominium must be     evidenced by their execution of a termination agreement or     ratifications thereof, 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 recordation of the termination     agreement. The termination agreement must specify the date it     was first executed or ratified by a unit owner. The termination     agreement will become null and void unless it is recorded on or     before the earlier of:            (1)  The expiration of one year from the date it was        first executed or ratified by a unit owner.            (2)  Such date as shall be specified in the termination        agreement.     If, pursuant to a termination agreement, the real estate     constituting the condominium is to be sold following     termination, the termination agreement must set forth the terms     of the sale. A termination agreement and all ratifications     thereof must be recorded in every county in which a portion of     the condominium 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 condominium in both the grantor index and the     grantee index. A termination agreement is effective only upon     recordation.        (c)  Status if real estate sold.--The association, on behalf     of the unit owners, may contract for the sale of the     condominium, but the contract is not binding on the unit owners     until approved pursuant to subsections (a) and (b). If the real     estate constituting the condominium is to be sold 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 must be distributed to unit     owners and lienholders 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 his successors in interest     have an exclusive right to occupancy of the portion of the real     estate that formerly constituted his unit. During the period of     that occupancy, each unit owner and his successors in interest     remain liable for all assessments and other obligations imposed     on unit owners by this subpart or the declaration.        (d)  Status if real estate not sold.--If the real estate     constituting the condominium is not to be sold following     termination, title to the real estate, upon termination, vests     in the unit owners 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 his successors in interest have an exclusive     right to occupancy of the portion of the real estate that     formerly constituted his unit.        (e)  Distribution of assets of association.--Following     termination of the condominium, the proceeds of any sale of real     estate, together with the assets of the association, shall be     held by the association as trustee or 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 lienholder. 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, limited common elements and common element interests        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 and common element interest 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 prior to destruction cannot be made, the        interests of all unit owners are their respective common        element interests 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 condominium does not of itself     terminate the condominium, and foreclosure or enforcement of a     lien or encumbrance against a portion of the condominium, other     than withdrawable real estate, does not withdraw that portion     from the condominium. Foreclosure or enforcement of a lien or     encumbrance against withdrawable real estate does not of itself     withdraw that real estate from the condominium but the person     taking title thereto has the right to require from the     association, upon request, an amendment excluding the real     estate from the condominium.        (h)  Exclusion from condominium upon foreclosure.--If a lien     or encumbrance against a portion of the real estate comprising     the condominium 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 condominium.        (i)  Ineffectiveness of termination provision.--In the case     of a declaration that contains no provision expressly providing     for a means of terminating the condominium other than a     provision providing for a self-executing termination upon a     specific date or upon the expiration of a specific time period,     such termination provision shall be deemed ineffective if no     earlier than five years before the date the condominium would     otherwise be terminated owners of units to which at least 80% of     the votes in the condominium are allocated vote that the self-     executing termination provision shall be annulled, in which     event the self-executing termination provision shall have no     force or effect.     (Dec. 18, 1992, P.L.1279, No.168, eff. 45 days; Nov. 30, 2004,     P.L.1509, No.191, eff. 60 days)        2004 Amendment.  Act 191 added subsec. (i).        Cross References.  Section 3220 is referred to in sections     3102, 3219, 3301, 3303, 3312 of this title.     § 3221.  Rights of secured lenders.        (a)  Secured lender approval.--The declaration may require     that all or a specified number or percentage of the mortgagees     or beneficiaries of deeds of trust encumbering 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:            (1)  deny or delegate control over the general        administrative affairs of the association by the unit owners        or the executive board; or            (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 pursuant to section 3312 (relating to insurance).        (b)  Secured lender approval procedures.--If the declaration     requires mortgagees or beneficiaries of deeds of trust     encumbering the units to approve specified actions of the unit     owners or the association as a condition to the effectiveness of     those actions, then the executive board will provide the lender     with written notice of the specified action proposed to be     taken, together with a request for the secured lender to approve     or disapprove the actions specified. If the notice to the     secured lender, issued in accordance with the procedures set     forth in this subsection, states that the secured lender will be     deemed to have approved the actions specified in the written     notice if it does not respond to the request within 45 days and     the secured lender does not respond in writing within 45 days,     then the secured lender will be deemed for all purposes to have     approved the actions specified in the notice. Written notice to     the secured lender shall be given by certified, registered or     first-class mail, as evidenced by United States Postal Service     certificate of mailing, postage prepaid, at the address provided     by the secured lender or, in the absence thereof, at the address     of the secured lender endorsed on any mortgage or deed of trust     of record and at the address to which the unit owner mails any     periodic payment paid to the secured lender. The notice to the     secured lender shall include a statement of the specified action     and a copy of the full text of any proposed amendment and a form