5218 - Easement to facilitate completion, conversion and expansion.

     § 5218.  Easement to facilitate completion, conversion and                expansion.        Subject to the provisions of the declaration, a declarant has     an easement through the common elements as may be reasonably     necessary for the purpose of discharging a declarant's     obligations or exercising special declarant rights. In addition,     without affecting the rights, if any, of each unit owner with     respect to the use and enjoyment of the common elements, subject     to the provisions of the declaration, each unit owner and its     agents, contractors and invitees shall have a nonexclusive     access easement through the common elements as may be reasonably     necessary for the purpose of construction, repair and renovation     of the owner's unit. An association shall have the power during     spring thaw conditions to restrict road usage by vehicles of     more than ten tons gross weight, provided:            (1)  such restrictions shall be imposed only on a week-        by-week basis for an aggregate period not to exceed eight        weeks during any calendar year;            (2)  thaw conditions shall be reviewed by the association        at least weekly; and            (3)  signs shall be conspicuously posted by the        association at all entrances to the planned community        advising when and where such thaw restrictions are        applicable.     An association shall not have the power to impose any fees or     charges or require financial security, including, but not     limited to, surety bonds, letters of credit or escrow deposits     for the use of the easement rights described in this section;     however, the declarant or owner who exercises the easement     rights described in this section, whether directly or indirectly     through an agent, servant, contractor or employee, shall have     the obligation to promptly return any portion of the common     elements damaged by the exercise by the declarant or owner or     its agent, servant, contractor or employee of the easement under     this section to the appearance, condition and function in which     it existed prior to the exercise of the easement or to reimburse     the association for all reasonable costs, fees and expenses     incurred by the association to return any portion of the common     elements which were damaged to the appearance, condition and     function in which it existed prior to the exercise of the     easement.     (Mar. 24, 1998, P.L.206, No.37, eff. 60 days; Nov. 30, 2004,     P.L.1486, No.189, eff. 60 days)        Cross References.  Section 5218 is referred to in sections     5102, 5103, 5105, 5301, 5414 of this title.