5212 - Withdrawal of withdrawable real estate.

     § 5212.  Withdrawal of withdrawable real estate.        (a)  General rule.--To withdraw withdrawable real estate from     a flexible planned community pursuant to an option reserved     under section 5206 (relating to contents of declaration for     flexible planned communities), the declarant shall prepare,     execute and record an amendment to the declaration containing a     legally sufficient description of the real estate being     withdrawn and stating the fact of withdrawal. The amendment must     reallocate votes in the association and common expense     liabilities to the remaining units in the planned community in     proportion to the respective votes and liabilities of those     units before the withdrawal. The reallocation is effective when     the amendment is recorded.        (b)  When withdrawal prohibited.--If a portion of a planned     community was described under section 5206, that portion may not     be withdrawn if any person other than the declarant owns a unit     situated therein. If the portion was not so described, none of     it is withdrawable if any person other than the declarant owns a     unit situated therein.        (c)  Liability for expenses and right to income.--Until     withdrawal occurs or the period during which withdrawal may     occur expires, whichever occurs first, the declarant alone is     liable for real estate taxes assessed against withdrawable real     estate and all other expenses in connection with that real     estate. No other unit owner and no other portion of the planned     community is subject to a claim for payment of those taxes or     expenses. Unless the declaration provides otherwise, any income     or proceeds from withdrawable real estate inure to the     declarant.        Cross References.  Section 5212 is referred to in sections     5103, 5208, 5219, 5414 of this title.