5105 - Separate titles and taxation.

     § 5105.  Separate titles and taxation.        (a)  Title.--Except as provided in subsection (b), each unit     that has been created, together with the interests, benefits and     burdens created by the declaration, including, without     limitation, the rights to any common facilities, constitutes a     separate parcel of real estate. The conveyance or encumbrance of     a unit includes the transfer of all of the rights, title and     interest of the owner of that unit in the common facilities     regardless of whether the instrument affecting the conveyance or     encumbrance so states.        (b)  Taxation and assessment.--If there is a unit owner other     than a declarant, each unit must be separately taxed and     assessed. The value of a unit shall include the value of that     unit's appurtenant interest in the common facilities, excluding     convertible or withdrawable real estate. The following shall     apply:            (1)  Except as provided in paragraph (2), no separate        assessed value shall be attributed to and no separate tax        shall be imposed against common facilities or controlled        facilities.            (2)  Convertible or withdrawable real estate shall be        separately taxed and assessed until the expiration of the        period during which conversion or withdrawal may occur.        (c)  Certain additional prohibitions.--            (1)  An association shall not impose any of the following        fees against an owner or tenant of a unit in a planned        community or against any person constructing, altering,        renovating or repairing a unit in a planned community:                (i)  a tapping, connection or other impact fee in            excess of the actual direct cost incurred by the            association for the connection or provision of water or            sewer service to a building or improvement;                (ii)  any fee for the right to construct, alter,            renovate or repair a building or improvement except for            an inclusive fee for the actual direct costs to the            association of either:                    (A)  architectural, aesthetic or landscaping plan                reviews or inspections of units, building siting and                exteriors, if those reviews or inspections are                required by provisions of the declaration or                association bylaws or rules and regulations and if                such provisions requiring a fee to be paid for such                reviews or inspections were in existence on or before                December 31, 1995; or                    (B)  if association imposed building construction                standards or building codes are permitted under                section 5106 (relating to applicability of local                ordinances, regulations and building codes), building                construction standards or building code review; and                (iii)  any impact fee for road maintenance or road            construction, except that the association shall not be            precluded from recovering the cost of repair of any            damage that is caused to roads or other common elements            in the course of construction, alteration, renovation or            repair.            (2)  Except as specifically provided in this section and        notwithstanding any fees or fee schedules or general        rulemaking authority that existed prior to the effective date        of this paragraph, an association shall not have the power to        impose any fees or financial security related to        construction, alteration, renovation or repair of a unit or        exercise an access easement under section 5218 (relating to        easement to facilitate completion, conversion and expansion).     (Nov. 30, 2004, P.L.1486, No.189, eff. 60 days)        2004 Amendment.  Act 189 amended subsec. (c)(2).        Cross References.  Section 5105 is referred to in section     5102 of this title.