4409 - Resales of cooperative interests.

     § 4409.  Resales of cooperative interests.        (a)  Information supplied by proprietary lessee.--Except in     the case of a sale where delivery of a public offering statement     is required or unless the transaction is exempt under section     4401(b) (relating to applicability; waiver), a proprietary     lessee shall furnish to a purchaser before execution of any     contract of sale of a cooperative interest or, if there is no     contract of sale, before the time of conveyance a copy of the     declaration (other than the plats and plans), the bylaws and the     rules or regulations of the association, including all     amendments to such documents to the date of their delivery to     the purchaser, 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 cooperative interest.            (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        proprietary lessee and any surplus fund credits to be applied        with regard to the cooperative interest pursuant to section        4314(h) (relating to assessments for common expenses).            (3)  A statement of any other fees payable by proprietary        lessees.            (4)  A statement of any capital expenditures anticipated        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 projects.            (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 unsatisfied judgments against the        association and the status of any pending suits in which the        association is a defendant.            (9)  A statement describing any insurance coverage        provided for the benefit of proprietary lessees.            (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 the health or building codes        with respect to the unit, the limited common elements        assigned thereto or any other portion of the cooperative.            (12)  A statement of the remaining term of any leasehold        estate affecting the cooperative and the provisions governing        any extension or renewal thereof.            (13)  Except where no public offering statement was        prepared, a statement that the public offering statement and        any amendments thereto are records of the association        available for inspection by the purchaser.            (14)  The most recent statement given to the proprietary        lessee by the association stating the amount of the        cooperative real estate taxes and mortgage or other interest        allocated to the cooperative interest being sold.            (15)  A statement of any restrictions in the declaration        affecting the amount that may be received by a proprietary        lessee upon sale, condemnation or casualty loss to the unit        or the cooperative or termination of the cooperative.            (16)  A statement as to whether the declaration provides        for cumulative or class voting.            (17)  A statement as to whether an agreement to terminate        the cooperative has been submitted to the proprietary lessees        for approval and remains outstanding.            (18)  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 (section 4403(a)(27)) with respect to the unit,        the limited common elements assigned thereto or any other        portion of the cooperative.            (19)  A statement of whether the cooperative is a master        association or is part of a master association or could        become a master association or part of a master association.            (20)  A statement describing the ownership of cooperative        interests, if any, or the occupancy of units, if any, which        may be in time shares and the maximum number of time-share        estates that may be created in the cooperative.            (21)  A statement of whether the declarant retains the        special declarant right to cause a merger or consolidation of        the cooperative and, if so, the information describing such        right which was supplied by the declarant pursuant to section        4205 (relating to contents of declaration), if any.        (b)  Information supplied by association.--The association,     within ten days after a request by a proprietary lessee, shall     furnish the documents and a certificate containing the     information necessary to enable the proprietary lessee to comply     with this section. A proprietary lessee providing a certificate     pursuant to subsection (a) is not liable to the purchaser for     any erroneous information provided by the association and     included in or delivered with 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 proprietary lessee is not liable to a purchaser     for the failure or delay of the association to provide the     certificate in a timely manner.        (d)  Purchase contract voidable.--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.     (Nov. 30, 2004, P.L.1499, No.190, eff. 60 days)        2004 Amendment.  Act 190 amended subsec. (c) and added     subsec. (d).        Cross References.  Section 4409 is referred to in sections     4102, 4302, 4317, 7302 of this title.