4319 - Termination of cooperative interest.

     § 4319.  Termination of cooperative interest.        (a)  General rule.--The association's right to terminate a     cooperative interest shall be exercised by judicial sale of the     cooperative interest in like manner as a foreclosure upon a     leasehold interest in real estate. Where the articles of     incorporation, declaration or bylaws provide a fixed price or     formula for determining the maximum amount which the owner of     the cooperative interest may receive upon transfer or where the     articles of incorporation, declaration or bylaws provide an     option, but not a right of first refusal, in the association to     acquire the cooperative interest at a fixed price or price     determined by formula and where the association has obtained a     judgment authorizing the sale of the cooperative interest, the     association may acquire the cooperative interest by payment of     such amount to the owner of the cooperative interest or to the     sheriff at any time prior to the sale. In case of judicial sale     or payment to the sheriff in lieu of sale, liens and     encumbrances shall be divested and proceeds distributed as if     the right to terminate were deemed to be a lien for nonpayment     of assessments under section 4315 (relating to lien for     assessments), arising as of the date of commencement of the     action.        (b)  Enforcement of proprietary lease.--The association shall     have the right, at its option, to enforce the provisions of the     proprietary lease, including termination of the cooperative     interest for default thereunder, under the provisions of the act     of April 6, 1951 (P.L.69, No.20), known as The Landlord and     Tenant Act of 1951, as amended, or by any other means available     to it at law or in equity. In any such case, the court shall     have the power to order judicial sale of the cooperative     interest. In the event the proprietary lessee appeals an adverse     decision in any court in which the association seeks to enforce     its rights, the appeal may be dismissed, upon motion of the     association, by the court in which the appeal is pending, if the     proprietary lessee has not paid all the lessee's common expense     assessments as they become due both prior to and during the     pendency of the appeal, subject to any final judicial     determination of the proprietary lessee's liability to make the     payments if that is an issue in the appeal.        Cross References.  Section 4319 is referred to in sections     4102, 4302 of this title.