5102 - Applicability.

     § 5102.  Applicability.        (a)  General rule.--This subpart applies to all planned     communities created within this Commonwealth after the effective     date of this subpart; but, if:            (1)  such a planned community contains no more than 12        units and is not subject to any rights under section 5215        (relating to subdivision or conversion of units) to subdivide        units or to convert into common elements or under section        5211 (relating to conversion and expansion of flexible        planned communities) to add additional real estate, create        units or limited common elements within convertible real        estate or withdraw real estate, it is subject only to        sections 5105 (relating to separate titles and taxation),        5106 (relating to applicability of local ordinances,        regulations and building codes), 5107 (relating to eminent        domain) and 5218 (relating to easement to facilitate        completion, conversion and expansion) unless the declaration        provides that the entire subpart is applicable; or            (2)  such a planned community, regardless of the number        of units, has common elements or limited common elements        which include only storm water management facilities and        related devices, real estate containing signage, lighting,        landscaping, gates, walls, fences or monuments or open space        and is not subject to any rights under section 5215 or under        section 5211, it shall be subject only to the sections listed        in paragraph (1), the provisions of sections 5103 (relating        to definitions), 5104 (relating to variation by agreement),        5105, 5106, 5107, 5108 (relating to supplemental general        principles of law applicable), 5109 (relating to construction        against implicit repeal), 5110 (relating to uniformity of        application and construction), 5111 (relating to        severability), 5112 (relating to unconscionable agreement or        term of contract), 5113 (relating to obligation of good        faith) and 5114 (relating to remedies to be liberally        administered) and the provisions of Chapter 53 (relating to        management of planned community) and sections 5407 (relating        to resales of units), 5408 (relating to escrow of deposits),        5409 (relating to release of liens) and 5411 (relating to        warranty against structural defects) unless the declaration        provides that the entire subpart is applicable. If a planned        community is subject to the provisions of this paragraph, a        declarant shall:                (i)  include provisions in any sales agreement for a            unit of such planned community which states that an            association exists or may be created to own and manage            certain generally described common elements or limited            common elements and that there may be imposed by the            association assessments upon unit owners for expenses            related to the ownership, management, administration or            regulation of such elements; and                (ii)  prepare and record a declaration in the manner            set forth in section 5205 (relating to contents of            declaration; all planned communities) or 5206 (relating            to contents of declaration for flexible planned            communities) or covenants and restrictions as may be            appropriate for the planned community. The declarant            shall provide to the purchaser copies of the proposed or            recorded declaration or covenants and restrictions, an            actual or proposed budget of the planned community in            accordance with the provisions of section 5402(a)(7)            (relating to public offering statement; general            provisions) and the actual or proposed bylaws of the            association, provided that the purchaser has the right,            before conveyance, to cancel the agreement within seven            days of the date of receiving a copy of the proposed or            recorded declaration or covenants and restrictions, the            actual or proposed budget and the actual or proposed            bylaws.        As used in this paragraph, the term "open space" shall        include an area of land or an area of water or a combination        of land and water within a planned community intended for the        use or enjoyment of residents, including, but not limited to,        ball fields and courts, parks, walking, hiking or biking        trails, wetlands, wooded areas and walkways and driveways        providing access thereto or parking intended for users of        such open space. The term does not include streets, utility        lines or facilities or swimming pools or clubhouses owned or        leased and maintained by the association.        (b)  Retroactivity.--Except as provided in subsection (c),     sections 5105, 5106, 5107, 5203 (relating to construction and     validity of declaration and bylaws), 5204 (relating to     description of units), 5218, 5219 (relating to amendment of     declaration), 5223 (relating to merger or consolidation of     planned community), 5302(a)(1) through (6) and (11) through (15)     (relating to power of unit owners' association), 5311 (relating     to tort and contract liability), 5315 (relating to lien for     assessments), 5316 (relating to association records), 5407     (relating to resales of units) and 5412 (relating to effect of     violations on rights of action) and section 5103 (relating to     definitions), to the extent necessary in construing any of those     sections, apply to all planned communities created in this     Commonwealth before the effective date of this subpart; but     those sections apply only with respect to events and     circumstances occurring after the effective date of this subpart     and do not invalidate specific provisions contained in existing     provisions of the declaration, bylaws or plats and plans of     those planned communities.        (b.1)  Retroactivity.--            (1)  Sections 5103, 5108, 5113, 5220(i) (relating to        termination of planned community), 5222 (relating to master        associations), 5302(a)(8)(i), (16) and (17) (relating to        power of unit owners' association), 5303(a) and (b) (relating        to executive board members and officers), 5307 (relating to        upkeep of planned community), 5314 (relating to assessments        for common expenses) and 5319 (relating to other liens        affecting planned community), to the extent necessary in        construing any of those sections, apply to all planned        communities created in this Commonwealth before the effective        date of this subpart, but those sections apply only with        respect to events and circumstances occurring after the        effective date of this subsection and do not invalidate        specific provisions contained in existing provisions of the        declaration, bylaws or plats and plans of those planned        communities.            (2)  Section 5303(c) and (d), to the extent necessary in        construing any of those subsections, apply to all planned        communities created in this Commonwealth before the effective        date of this subpart, but those subsections apply only with        respect to events and circumstances occurring 180 days after        the effective date of this subsection and do not invalidate        specific provisions contained in existing provisions of the        declaration, bylaws or plats and plans of those planned        communities.        (c)  Nonflexible planned communities.--If a planned community     created within this Commonwealth before the effective date of     this subpart contains no more than 12 units and is not a     flexible planned community, it is subject only to sections 5105,     5106, 5107 and 5218 unless the declaration is amended in     conformity with applicable law and with the procedures and     requirements of the declaration to take advantage of the     provisions of subsection (d), in which case all the sections     enumerated in subsection (b) apply to that planned community.        (d)  Amendments to declarations, bylaws, plats and plans.--            (1)  In the case of amendments to the declaration, bylaws        and plats and plans of any planned community created before        the effective date of this subpart:                (i)  If the result accomplished by the amendment was            permitted by law prior to this subpart, the amendment may            be made either in accordance with that law, in which case            that law applies to that amendment, or may be made under            this subpart.                (ii)  If the result accomplished by the amendment is            permitted by this subpart and was not permitted by law            prior to this subpart, the amendment may be made under            this subpart.            (2)  An amendment to the declaration, bylaws or plats and        plans authorized by this subsection to be made under this        subpart must be adopted in conformity with applicable law and        with the procedures and requirements specified by the        document being amended. If any such 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.        (e)  Nonresidential units.--This subpart does not apply to a     planned community in which all units are restricted exclusively     to nonresidential use unless the declaration provides that the     subpart does apply to that planned community. This subpart     applies to a planned community containing both units which are     restricted exclusively to nonresidential use and other units     which are not so restricted only if the declaration so provides     or if the real estate comprising the units which may be used for     residential purposes would be a planned community in the absence     of the units which may not be used for residential purposes.        (f)  Planned communities outside Commonwealth.--This subpart     does not apply to planned communities or units located outside     this Commonwealth, but the public offering statement provisions     under sections 5402 (relating to public offering statement;     general provisions) through 5405 (relating to public offering     statement; planned community securities) shall apply to all     contracts for the disposition thereof signed in this     Commonwealth by any purchaser unless exempt under section     5401(b)(2) (relating to applicability; waiver).     (Mar. 24, 1998, P.L.206, No.27, eff. 60 days; Nov. 30, 2004,     P.L.1486, No.189, eff. 60 days)        2004 Amendment.  Act 189 amended subsec. (a) and added     subsec. (b.1).        2004 Amendment.  Act 37 amended subsecs. (a), (b) and (f).