5205 - Contents of declaration; all planned communities.

     § 5205.  Contents of declaration; all planned communities.        The declaration for a planned community must contain:            (1)  The name of the planned community, which must        include the words "planned community" or be followed by the        words "a planned community."            (2)  The name of every county in which any part of the        planned community is situated.            (3)  A legally sufficient description of the real estate        included in the planned community.            (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 5215 (relating to        subdivision or conversion of units).            (6)  A description of any controlled facilities and the        obligations of the association for the maintenance,        improvement, repair, replacement, regulation, management,        insurance or control of the controlled facilities.            (7)  A description of any limited common facilities and        any limited controlled facilities as provided in section 5209        (relating to limited common elements) and limited common        expenses, if any, and how they are assessed.            (8)  A description of any common facilities and        controlled facilities not within the boundaries of any        convertible real estate which may be allocated subsequently        as limited common facilities or limited controlled        facilities, with a statement that they may be so allocated        and a description of the method by which the allocations are        to be made.            (9)  An allocation to each unit of a portion of the votes        in the association and a percentage or fraction of the common        expenses of the association in section 5208 (relating to        allocation of votes and common expense liabilities).            (10)  Any restrictions created by the declarant on use,        occupancy and alienation of the units and any easement or        license rights that unit owners are to have with respect to        the use or enjoyment of any of the common elements and that        are not contained in other documents which are recorded.            (11)  The recording data for recorded easements and        licenses appurtenant to or included in the planned community        or to which any portion of the planned community is or may        become subject.            (12)  If all or any of the units are or may be owned in        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 planned community, it being intended that        time-share estates shall not be permitted except if and to        the extent expressly authorized by the declaration.            (13)  If the declarant wishes to retain the special        declarant right to cause section 5222 (relating to master        associations) to become applicable to a planned community,        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 the option reserved under subparagraph (i) will            lapse, together with and 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 5222.            (14)  If the declarant wishes to retain the special        declarant right to merge or consolidate the planned community        pursuant to section 5223 (relating to merger or consolidation        of planned community), then all of the following:                (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 planned community that may be subject to such a            merger or consolidation. If such other planned            communities do not exist, then the declaration shall            include the following:                    (A)  A statement of the extent to which the                interest in the association, relative voting strength                in the association and share of common expense                liability of each unit in the planned community 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 that is part of any other                planned communities with which the planned community                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 planned communities 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                    planned communities are merged or consolidated                    with the planned community, all or any of such                    planned communities must be merged or                    consolidated.                    (D)  A statement of:                        (I)  the maximum number of units that may be                    created within the other planned communities, the                    boundaries of which are fixed under 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 planned                    communities, the boundaries of which are not                    fixed under clause (C).                    (E)  If any of the units that may be built within                any of the other planned communities are not to be                restricted exclusively to residential use, a                statement with respect to each other planned                community of the maximum percentage of the real                estate areas and the maximum percentage of the floor                areas of all units that may be created in the planned                community 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 the other                planned communities will be compatible with the other                buildings and units in the planned community 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 of                the other planned communities 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 the other planned communities                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 the other planned communities or a                statement that no assurances are made in that regard.                    (J)  A statement that any limited common elements                created within any other planned communities will be                of the same general types and sizes as those within                the planned community, 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 the other                planned communities will be approximately equal to                the proportion existing within the planned community,                a statement of any assurances in that regard or a                statement that no assurances are made in that regard.                    (L)  A statement of whether and to what extent                assurances made in the declaration regarding the                other planned communities under clauses (C) through                (K) apply if the other planned communities are not                merged or consolidated with the planned community.                (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 the right to merge or to            consolidate is exercised.            (15)  If a declarant wishes to retain the right to        subject any portion of the planned community to an easement        or license in favor of any real estate not included in the        planned community or in favor of any person who is not an        owner or occupant of a unit in the planned community, then an        explicit reservation and description of such right and a        description of the effects on the association and the unit        owners of the easement or license, including, without        limitation, any impact on the budget of the association.            (16)  If a declarant wishes to retain the right to        designate as a common facility any portion of a planned        community or any improvement or facility then existing or        contemplated for a planned community, then all of the        following:                (i)  An explicit reservation of such right and an            identification and description of the portion of the            planned community, improvement or facility.                (ii)  A statement of when any portion of a planned            community, improvement or facility will become a common            facility and that the portion will be conveyed or leased            to the association by the declarant or a successor to the            interest of the declarant in the portion by the later of            the date of conveyance or lease by the declarant of the            last unit the declarant reserves the right to include in            the planned community or the date of expiration of the            rights under section 5211 (relating to conversion and            expansion of flexible planned communities).                (iii)  A statement that the obligation of the            declarant to convey or lease to the association a portion            of the planned community, improvement or facility shall            be binding on the declarant and any successor in interest            of the declarant in the portion whether or not the            successor succeeds to any special declarant right.                (iv)  A statement of who will own the portion of the            planned community, improvement or facility before a            conveyance or lease to the association.                (v)  A description of the procedure to be followed by            the declarant and the association for the conveyance or            lease to the association.                (vi)  A statement that the portion of the planned            community, improvement or facility will be conveyed or            leased to the association for no consideration or, if            additional consideration is to be given by the            association for the conveyance, a description of the            consideration and a description of the effects on the            association and each unit owner of the association            providing the consideration, including the impact on the            budget of the association and common expense or other            liabilities of the unit owners.                (vii)  A description of the effect of the conveyance            or lease to the association of the portion of the planned            community, improvement or facility on the expenses and            budget of the association and the common expense            liability of the unit owners.                (viii)  A statement that no conveyance or lease to            the association of any portion of the planned community,            improvement or facility shall occur until the portion has            been completed unless a third-party guarantee, bond,            escrow, letter of credit or other mechanism assuring            completion has been provided by the declarant, in            addition to the declarant's own guarantee of completion,            for the benefit of the association and a statement that            the third-party mechanism and the declarant's own            guarantee shall not expire until completion of the            portion of the planned community, improvement or            facility.                (ix)  As to any uncompleted improvement or facility            that may become a common facility:                    (A)  a statement of the time for completion of                such improvement or facility;                    (B)  a statement that a declarant is required to                complete such improvement or facility by the later of                the date of the conveyance or lease by the declarant                of the last unit the declarant reserves the right to                include in the planned community or the date of the                expiration of the rights under section 5211;                    (C)  a statement that, until the facility or                improvement is completed, the declarant shall be                solely responsible for real estate taxes assessed                against or allocable to the improvement or facility                and for all other expenses in connection with the                improvement or facility; and                    (D)  a description of any third-party guarantee,                bond, escrow, letter of credit or other mechanism                that the declarant shall provide, in addition to the                declarant's own guarantee of completion, to assure,                for the benefit of the association, completion of the                improvement or facility and a statement of the time                limit, if any, of the term of such third-party                guarantee, bond, escrow, letter of credit or other                mechanism or, if no such mechanism is to be provided                by the declarant, an explicit statement that no                third-party guarantee, bond, escrow, letter of credit                or other mechanism shall be provided by the                declarant, and only the declarant's own guarantee                shall be provided to assure completion of the                improvement or facility.                (x)  A statement that any portion of the planned            community, an improvement or facility will be deemed to            be completed upon the recording of a certificate executed            by an independent registered surveyor, architect or            professional engineer stating that the portion of the            planned community, improvement or facility is            substantially completed in accordance with the            descriptions set forth in the declaration, the plats and            plans and the public offering statement and so as to            permit the use of such portion of the planned community,            improvement or facility for its intended use.            (17)  Any other matters the declarant deems appropriate.     (Mar. 24, 1998, P.L.206, No.37, eff. 60 days)        1998 Amendment.  Act 37 amended par. (16).        Cross References.  Section 5205 is referred to in sections     5102, 5103, 5206, 5209, 5211, 5222, 5223, 5402, 5407, 5414 of     this title.