Communities -

                                CHAPTER 52                 CREATION, ALTERATION AND TERMINATION OF                           PLANNED COMMUNITIES     Sec.     5201.  Creation of planned community.     5202.  Unit boundaries.     5203.  Construction and validity of declaration and bylaws.     5204.  Description of units.     5205.  Contents of declaration; all planned communities.     5206.  Contents of declaration for flexible planned            communities.     5207.  Leasehold planned communities.     5208.  Allocation of votes and common expense liabilities.     5209.  Limited common elements.     5210.  Plats and plans.     5211.  Conversion and expansion of flexible planned            communities.     5212.  Withdrawal of withdrawable real estate.     5213.  Alteration of units.     5214.  Relocation of boundaries between units.     5215.  Subdivision or conversion of units.     5216.  Easement for encroachments.     5217.  Declarant offices, models and signs.     5218.  Easement to facilitate completion, conversion and            expansion.     5219.  Amendment of declaration.     5220.  Termination of planned community.     5221.  Rights of secured lenders.     5222.  Master associations.     5223.  Merger or consolidation of planned community.        Enactment.  Chapter 52 was added December 19, 1996, P.L.1336,     No.180, effective in 45 days.     § 5201.  Creation of planned community.        A planned community may be created pursuant to this subpart     only by recording a declaration executed in the same manner as a     deed by all persons whose interests in the real estate will be     conveyed to unit owners and by every lessor of a lease, the     expiration or termination of which will terminate the planned     community or reduce its size. If the lessor is the Commonwealth,     a municipal government or any agency of either, the lessor need     not execute the declaration if it has previously given written     notice of its filing and agreed to be bound by the provisions of     this subpart, in which case the declaration shall be executed by     the lessee in possession of the subject property. The     declaration must be recorded in every county in which any     portion of the planned community is located, must be indexed in     the same records as are notarized for the recording of a deed     and shall identify each declarant as the grantor and the name of     the planned community as grantee.        Cross References.  Section 5201 is referred to in sections     5106, 5207 of this title.     § 5202.  Unit boundaries.        Except as provided by the declaration:            (1)  Subject to the provisions of paragraph (2), all        space, fixtures and improvements within the boundaries of a        unit are a part of the unit.            (2)  If any fixture or improvement lies partially within        and partially outside the designated boundaries of a unit,        any portion of the fixture or improvement serving only that        unit is a limited common element allocated solely to that        unit, and any portion of the fixture or improvement serving        more than one unit or any portion of the common facilities is        a part of the common elements.            (3)  Any fixtures or improvements designed or designated        in the declaration to serve a single unit, but located        outside the unit's boundaries, are limited common elements        allocated exclusively to that unit.        Cross References.  Section 5202 is referred to in sections     5103, 5209, 5210, 5302 of this title.     § 5203.  Construction and validity of declaration and bylaws.        (a)  Provisions severable.--All provisions of the declaration     and bylaws are severable.        (b)  Applications of rule against perpetuities.--The rule     against perpetuities may not be applied to defeat any provision     of the declaration or this subpart or any instrument executed     pursuant to the declaration or this subpart.        (c)  Conflict between declaration and bylaws.--If there is a     conflict between the declaration and the bylaws, the declaration     shall prevail except to the extent the declaration is     inconsistent with this subpart.        (d)  Effect of noncompliance on title to unit.--Title to a     unit and its appurtenant votes in the association shall not be     rendered unmarketable or otherwise affected by any provision of     unrecorded bylaws or by reason of an insubstantial failure of     the declaration to comply with this subpart.        Cross References.  Section 5203 is referred to in section     5102 of this title.     § 5204.  Description of units.        After the declaration is recorded, a description of the unit     which sets forth the name of the planned community, the     recording data for the declaration, the county or counties in     which the planned community is located and the identifying     number of the unit is a sufficient legal description of that     unit and all rights, obligations and interests appurtenant to     that unit which were created by the declaration or bylaws.     Deeds, leases and mortgages of units shall be recorded in the     same records as are maintained by the recorder for the recording     of like instruments and indexed by the recorder in the same     manner as like instruments are indexed.        Cross References.  Section 5204 is referred to in section     5102 of this title.     § 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.     § 5206.  Contents of declaration for flexible planned                communities.        The declaration for a flexible planned community shall     include, in addition to the matters specified in section 5205     (relating to contents of declaration; all planned communities),     all of the following:            (1)  An explicit reservation of any options to create        units, limited common elements or both within convertible        real estate or to add additional real estate to or withdraw        withdrawable real estate from the planned community.            (2)  A statement of the time limit, not exceeding seven        years after the recording of the declaration, upon which any        option reserved under paragraph (1) will lapse, together with        a statement of circumstances that will terminate the option        before the expiration of the time limit.            (3)  A statement of any limitations on any option        reserved under paragraph (1), other than limitations created        by or imposed by operation of law, or a statement that there        are no such limitations.            (4)  A statement of the extent to which the interest in        the association, relative voting strength in the association        and share of common expenses liability of each unit in the        planned community at the time the declaration is recorded may        be increased or decreased by actions pursuant to any option        reserved under paragraph (1), including the formulas to be        used for those reallocations.            (5)  Legally sufficient descriptions of each portion of        convertible, additional and withdrawable real estate.            (6)  If portions of any convertible, additional or        withdrawable real estate may be converted, added or withdrawn        at different times, a statement to that effect, together        with:                (i)  a statement fixing the boundaries of those            portions and regulating the order in which they may be            converted, added or withdrawn or a statement that no            assurances are made in those regards; and                (ii)  a statement as to whether, if any portion of            convertible, additional or withdrawable real estate is            converted, added or withdrawn, all or any particular            portion of that or any other real estate must be            converted, added or withdrawn.            (7)  A statement of:                (i)  the maximum number of units that may be created            within any additional or convertible real estate or            within any portion of either, the boundaries of which are            fixed under paragraph (6);                (ii)  how many of those units will be restricted            exclusively to residential use; and                (iii)  the maximum number of units per specified            volume of space that may be created within any portions            the boundaries of which are not fixed under paragraph            (6).            (8)  If any of the units that may be created within any        additional or convertible real estate are not to be        restricted exclusively to residential use, a statement with        respect to each portion of the additional and convertible        real estate of the maximum percentage of the real estate        areas and the maximum percentage of the areas of all units        that may be created therein that are not restricted        exclusively to residential use.            (9)  A statement of the extent to which any buildings and        units that may be erected upon each portion of the additional        and convertible real estate 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.            (10)  A statement that all restrictions in the        declaration affecting use, occupancy and alienation of units        will apply to units created within any convertible or        additional real estate or a statement of any differentiations        that may be made as to those units.            (11)  General descriptions of all other improvements and        limited common elements that may be made or created upon or        within each portion of the additional or convertible real        estate or a statement that no assurances are made in that        regard.            (12)  A statement of any limitations as to the locations        of any buildings or other improvements that may be made        within convertible or additional real estate or a statement        that no assurances are made in that regard.            (13)  A statement that any limited common elements        created within any convertible or additional real estate will        be of the same general types and sizes as those within other        parts of the planned community, a statement of any other        assurances in that regard or a statement that no assurances        are made in that regard.            (14)  A statement that the proportion of limited common        elements to units created within convertible or additional        real estate will be approximately equal to the proportion        existing within other parts of the planned community, a        statement of any other assurances in that regard or a        statement that no assurances are made in that regard.            (15)  A statement of the extent to which any assurances        made in the declaration regarding additional or withdrawable        real estate under paragraphs (6) through (14) apply if any        additional real estate is not added to or any withdrawable        land is withdrawn from the planned community or a statement        that those assurances do not apply if the real estate is not        added to or withdrawn from the planned community.     (Mar. 24, 1998, P.L.206, No.37, eff. 60 days)        1998 Amendment.  Act 37 amended pars. (4) and (8).        Cross References.  Section 5206 is referred to in sections     5102, 5211, 5212, 5402 of this title.     § 5207.  Leasehold planned communities.        (a)  Recording lease and contents of declaration.--A lease     the expiration or termination of which may terminate the planned     community or reduce its size shall be recorded in the same     county where the declaration is recorded under section 5201     (relating to creation of planned community). Every lessor of     those leases shall execute the declaration, and the declaration     shall state the following:            (1)  The recording data for the lease.            (2)  The date on which the lease is scheduled to expire.            (3)  A legally sufficient description of the real estate        subject to the lease.            (4)  Any right of the unit owners to redeem the reversion        and the manner whereby those rights may be exercised or a        statement that they do not have those rights.            (5)  Any right of the unit owners to remove any        improvements after the expiration or termination of the lease        or a statement that the unit owners do not have those rights.            (6)  Any rights of the unit owners to renew the lease and        the conditions of any renewal or a statement that the unit        owners do not have those rights.        (b)  Limitations on termination of leasehold interest.--After     the declaration for a leasehold planned community is recorded,     neither the lessor nor a successor in interest may terminate the     leasehold interest of a unit owner who makes timely payment of     the owner's share of the rent and otherwise complies with all     covenants which, if violated, would entitle the lessor to     terminate the lease. A unit owner's leasehold interest is not     affected by failure of any other person to pay rent or fulfill     any other covenant.        (c)  Merger of leasehold and fee simple interests.--     Acquisition of the leasehold interest of any unit owner by the     owner of the reversion or remainder does not merge the leasehold     and fee simple interests unless the leasehold interests of all     unit owners subject to that reversion or remainder are acquired.        (d)  Reallocation of interests if number of votes reduced.--     If the expiration or termination of a lease decreases the number     of units in a planned community, the allocated votes in the     association and common expense liabilities shall be reallocated     in accordance with section 5107 (relating to eminent domain) as     though those units had been taken by eminent domain.     Reallocations shall be confirmed by an amendment to the     declaration prepared, executed and recorded by the association.        Cross References.  Section 5207 is referred to in sections     5219, 5402 of this title.     § 5208.  Allocation of votes and common expense liabilities.        (a)  General rule.--The declaration shall allocate a fraction     or percentage of the common expenses of the association and a     portion of the votes in the association to each unit and state     the formulas used to establish those allocations. Such formulas     may take into account unusual attributes of identified units if     the formulas state how the deviation from the normal rule     applies to such units.        (b)  Flexible planned communities.--If units may be added,     including by conversion of convertible real estate to one or     more units, to or withdrawn from the planned community, the     declaration shall state the formulas to be used to reallocate     the fractions, as percentages of the allocated share of the     common expenses of the association and the percentages of votes     in the association, among all units included in the planned     community after the addition or withdrawal.        (c)  Votes.--            (1)  Each unit shall be allocated one or more votes in        the association. The declaration shall specify how votes in        the association shall be allocated among the units and may        provide:                (i)  for different allocations of votes among units            on particular matters specified in the declaration; and                (ii)  for class voting on specified issues affecting            a particular class of units if necessary to protect the            valid interests of the owners of such units and not            affecting units outside of the class.            (2)  Cumulative voting shall only be permitted if so        provided expressly in the declaration and only for the        purpose of electing members of the executive board. A        declarant may not utilize cumulative or class voting for the        purpose of evading any limitation imposed on declarants by        this subpart. The declaration may provide that different        allocations of votes shall be made to the units in particular        matters specified in the declaration.        (d)  Alteration or partition of allocations.--Except as     provided in section 5107 (relating to eminent domain), 5211     (relating to conversion and expansion of flexible planned     communities), 5212 (relating to withdrawal of withdrawable real     estate), 5214 (relating to relocation of boundaries between     units) or 5215 (relating to subdivision or conversion of units),     the votes and common expense liability allocated to any unit may     not be changed without the consent of all unit owners whose     allocated votes and common expense liabilities are changed. The     common elements are not subject to partition, and any purported     conveyance, encumbrance, judicial sale or other voluntary or     involuntary transfer of an undivided interest in the common     elements made without the unit to which it is allocated is void.        (e)  Calculations for undivided interests.--Except for minor     variations due to rounding, the sum of the common expense     liabilities allocated at any time to all the units must equal     one if stated as a fraction or 100% if stated as percentages. If     there is a discrepancy between the allocated common expense     liability and the result derived from application of the     formulas, the allocated common expense liability prevails.        Cross References.  Section 5208 is referred to in sections     5103, 5107, 5205, 5311 of this title.     § 5209.  Limited common elements.        (a)  Allocation.--Except for the limited common elements     described in section 5202 (relating to unit boundaries), the     declaration shall specify to which unit or units each limited     common element is allocated, distinguishing between limited     common facilities and limited controlled facilities. That     allocation may not be altered without the consent of the unit     owners whose units are affected.        (b)  Reallocation.--Subject to any provisions of the     declaration, a limited common element may be reallocated by a     recorded assignment executed by the unit owners between or among     whose units the reallocation is made or by an amendment to the     declaration executed by the unit owners. The persons executing     assignment or the amendment to the declaration shall provide a     copy to the association.        (c)  Common elements not previously allocated.--A common     element not previously allocated as a limited common element may     not be so allocated except pursuant to provisions in the     declaration made in accordance with section 5205(7) (relating to     contents of declaration; all planned communities). The     declaration may provide that the allocations shall be made by     deeds or assignments executed by the declarant or the     association or by amendments to the declaration.        Cross References.  Section 5209 is referred to in sections     5205, 5210, 5211, 5219 of this title.     § 5210.  Plats and plans.        (a)  General rule.--Plats and plans are a part of the     declaration. Separate plats and plans are not required by this     subpart if all the information required by this section is     contained in either a plat or plan. Each plat and plan must be     clear and legible. The plats and plans must contain, on the     first page of the plats and plans, a certification that all of     the plats and plans contain all information required by this     section.        (b)  Contents of plat.--Each plat must show all of the     following:            (1)  The name, location and dimensions of the planned        community.            (2)  The location and dimensions of all existing        improvements.            (3)  The intended location and dimensions of any        contemplated improvement to be constructed anywhere within        the planned community labeled with "MUST BE BUILT" or "NEED        NOT BE BUILT." Contemplated improvements within the        boundaries of convertible real estate need not be shown, but,        if contemplated improvements within the boundaries of        convertible real estate are shown, they must be labeled "MUST        BE BUILT" or "NEED NOT BE BUILT."            (4)  The location and dimensions of any convertible real        estate, labeled as such.            (5)  The location and dimensions of any withdrawable real        estate, labeled as such.            (6)  The location and dimensions of any additional real        estate, labeled as such.            (7)  The extent of any encroachments by or upon any        portion of the planned community.            (8)  To the extent feasible, the location and dimensions        of all easements serving or burdening any portion of the        planned community.            (9)  The location and dimensions of any vertical unit        boundaries not shown or projected on plans recorded under        subsection (c) and that unit's identifying number.            (10)  The location with reference to an established datum        of any horizontal unit boundaries not shown or projected on        plans recorded under subsection (c) and that unit's        identifying number.            (11)  The location and dimensions of any real estate in        which the unit owners will own only an estate for years,        labeled as "leasehold real estate."            (12)  The distance between noncontiguous parcels of real        estate comprising the planned community.            (13)  The location and dimensions of limited common        elements, including porches, balconies and patios, other than        parking spaces and the other limited common elements        described in section 5202 (relating to unit boundaries) not        shown on plans referred to in subsection (c).            (14)  All other matters customarily shown on land        surveys.        (c)  Contents of plans.--To the extent not shown or projected     on the plats, plans of every building that contains or comprises     all or part of any unit and is located or must be built within a     portion of the planned community, other than within the     boundaries of any convertible real estate, must show all of the     following:            (1)  The location and dimensions of the vertical        boundaries of each unit, to the extent those boundaries lie        within or coincide with the boundaries of the building in        which the unit is located, and that unit's identifying        number.            (2)  Any horizontal unit boundaries, with reference to an        established datum not shown on plats recorded under        subsection (b), and that unit's identifying number.            (3)  Any units that may be converted by the declarant to        create additional units or common elements under section 5215        (relating to subdivision or conversion of units), identified        appropriately.            (4)  The location and dimensions of limited common        elements, including porches, balconies and patios, other than        parking spaces and other limited common elements described in        sections 5202 and 5209 (relating to limited common elements)        not shown on plats recorded under subsection (b).        (d)  Horizontal boundaries of unit partly outside building.--     Unless the declaration provides otherwise, the horizontal     boundaries of part of a unit located outside of a building have     the same elevation as the horizontal boundaries of the inside     part and need not be depicted on the plats and plans.        (e)  Converting or adding real estate.--Upon converting     convertible real estate or adding additional real estate taking     action under section 5211 (relating to conversion and expansion     of flexible planned communities), the declarant shall record new     plats for that real estate conforming to the requirements of     subsection (b) and new plans for any buildings on that real     estate conforming to the requirements of subsection (c). If less     than all of any convertible real estate is being converted, the     new plats must also show the location and dimensions of any     remaining portion.        (f)  Converting units.--If a declarant converts any unit into     two or more units or limited common elements or both under     section 5215, the declarant shall record new plats and plans     showing the location and dimensions of any new units and limited     common elements thus created, as well as the location and     dimension of any portion of that space not being converted.        (g)  Alternative recording.--Instead of recording new plats     and plans as required by subsections (e) and (f), the declarant     may record new certifications of plats and plans previously     recorded if those plats and plans show all improvements required     by subsections (e) and (f).        (h)  Who may make certifications.--Any certification of a     plat or plan required by this section must be made by an     independent registered surveyor, architect or professional     engineer.        (i)  Land development plans.--Final plans filed with and     approved by a municipality in connection with any land     development approvals may serve as plats and plans required     under this section if:            (1)  all of the contents required under subsections (b)        and (c) are contained either in such final plans or in the        declaration by specific reference to such plans;            (2)  such final plans have been recorded; and            (3)  a certification in accordance with subsection (a) is        recorded and the certification specifies the recording        information for final plans.     (Mar. 24, 1998, P.L.206, No.37, eff. 60 days; Nov. 30, 2004,     P.L.1486, No.189, eff. 60 days)        2004 Amendment.  Act 189 amended subsec. (h).        1998 Amendment.  Act 37 added subsec. (i).        Cross References.  Section 5210 is referred to in sections     5103, 5211, 5219, 5413, 5414 of this title.     § 5211.  Conversion and expansion of flexible planned                communities.        (a)  General rule.--To convert convertible real estate or add     additional real estate 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 under section 5219     (relating to amendment of declaration) and comply with section     5210 (relating to plats and plans). The declarant is the unit     owner of any units thereby created. The amendment to the     declaration must assign an identifying number to each unit     formed in the convertible or additional real estate and     reallocate votes in the association and common expense     liabilities. The amendment must describe or delineate any     limited common elements formed out of the convertible or     additional real estate, showing or designating the unit to which     each is allocated to the extent required by section 5209     (relating to limited common elements).        (b)  Creations within additional real estate.--Convertible or     withdrawable real estate may be created within any additional     real estate added to the planned community if the amendment     adding that real estate includes all matters required by section     5205 (relating to contents of declaration; all planned     communities) or 5206, as the case may be, and the plat includes     all matters required by section 5210. This subsection does not     extend the time limit on conversion or contraction of a flexible     planned community imposed by the declaration under section 5206.        (c)  Liability for expenses and right to income.--Until     conversion occurs or the period during which conversion may     occur expires, whichever occurs first, the declarant alone is     liable for real estate taxes assessed against convertible 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 convertible real estate inure to the declarant.        Cross References.  Section 5211 is referred to in sections     5102, 5103, 5205, 5208, 5210, 5219, 5302, 5316, 5414 of this     title.     § 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.     § 5213.  Alteration of units.        Subject to the provisions of the declaration and other     provisions of law, all of the following apply:            (1)  A unit owner may make any improvements or        alterations to the unit that do not impair the structural        integrity or mechanical systems or lessen the support of any        portion of the planned community.            (2)  A unit owner may not change the appearance of the        common elements or any other portion of the planned community        other than portions of units that are not controlled        facilities without the permission of the association.        However, a unit owner may change the exterior appearance of a        unit except any portion of a unit which is a controlled        facility without the permission of the association.            (3)  After acquiring an adjoining unit or an adjoining        part of an adjoining unit, a unit owner may remove or alter        any intervening partition or create apertures therein, even        if the partition in whole or in part is a common element, if        those acts do not impair the structural integrity or        mechanical systems or lessen the support of any portion of        the planned community. Removal of partitions or creation of        apertures under this paragraph is not an alteration of        boundaries.     § 5214.  Relocation of boundaries between units.        (a)  General rule.--Subject to the provisions of the     declaration and other provisions of law, the boundaries between     adjoining units may be relocated by an amendment to the     declaration upon application to the association by the owners of     those units. If the owners of the adjoining units have specified     a reallocation between their units of their allocated votes in     the association and common expense liability, the application     must state the proposed reallocations. Unless the executive     board determines, within 30 days, that the reallocations are     unreasonable, the association shall prepare an amendment that     identifies the units involved, states the reallocations, is     executed by those unit owners, contains words of conveyance     between them and, upon recording, is indexed in the name of the     grantor and the grantee.        (b)  Recording.--The association shall prepare and record     plats or plans necessary to show the altered boundaries between     adjoining units and their dimensions and identifying numbers.        Cross References.  Section 5214 is referred to in sections     5208, 5219 of this title.     § 5215.  Subdivision or conversion of units.        (a)  General rule.--If the declaration expressly so permits,     a unit may be subdivided into two or more units or, in the case     of a unit owned by a declarant, may be subdivided into two or     more units, common elements or a combination of units and common     elements. Subject to the provisions of the declaration and other     provisions of law, upon application of a unit owner to subdivide     a unit or upon application of a declarant to convert a unit, the     association shall prepare, execute and record an amendment to     the declaration, including the plats and plans, subdividing or     converting that unit.        (b)  Execution and contents of amendment.--The amendment to     the declaration must be executed by the owner of the unit to be     subdivided, must assign an identifying number to each unit     created and must reallocate the allocated votes in the     association and common expense liability formerly allocated to     the subdivided unit to the new units in any reasonable manner     prescribed by the owner of the subdivided unit.        (c)  Conversion of unit of declarant to common elements.--In     the case of a unit owned by a declarant, if a declarant converts     all of a unit to common elements, the amendment to the     declaration must reallocate among the unit owners votes in the     association and common expense liability formerly allocated to     the converted unit on a pro rata basis, inter se.        Cross References.  Section 5215 is referred to in sections     5102, 5205, 5208, 5210, 5219, 5316 of this title.     § 5216.  Easement for encroachments.        To the extent that any unit or common element encroaches on     any other unit or common element, a valid easement for the     encroachment exists. The easement does not relieve a unit owner     of liability in case of the unit owner's willful misconduct nor     relieve a declarant or any contractor, subcontractor or     materialman or any other person of liability for failure to     adhere to the plats and plans.     § 5217.  Declarant offices, models and signs.        (a)  Common elements.--A declarant may maintain offices and     models in the common element portion of the planned community     only in connection with management of or sale or rental of units     owned by the declarant in the planned community if the     declaration so provides and specifies the rights of a declarant     with regard to the number, size, location and relocation     thereof. At such time as a declarant ceases to be a unit owner,     the declarant ceases to have any rights with regard to such     portions of the common elements so used unless the portions are     removed promptly from the planned community in accordance with a     right to remove reserved in the declaration. Upon the relocation     of a model or office constituting a common element, a declarant     may remove all personal property and fixtures therefrom. Any     fixtures not so removed shall be deemed common elements, and any     personal property not so removed shall be deemed the property of     the association.        (b)  Signs.--Subject to any limitation in the declaration, a     declarant may maintain signs in the declarant's units and on the     common elements advertising units in the planned community owned     by the declarant for sale or lease.        (c)  Units.--A declarant shall have the right to locate,     relocate and maintain offices and models used only in connection     with management of or sale or rental of units owned by the     declarant in the planned community in the declarant's unit or     units in the planned community notwithstanding the fact that the     declaration would otherwise preclude use of units for such     purpose, but subject to all other provisions in the declaration,     including, without limitation, modification or elimination of     the declarant's rights under this subsection by specific     reference thereto.        Cross References.  Section 5217 is referred to in sections     5103, 5304, 5414 of this title.     § 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.     § 5219.  Amendment of declaration.        (a)  Number of votes required.--            (1)  The declaration, including the plats and plans, may        be amended only by vote or agreement of unit owners of units        to which at least:                (i)  67% of votes in the association are allocated;            or                (ii)  a larger percentage of the votes in the            association as specified in the declaration; or                (iii)  a smaller percentage of the votes in the            association as specified in the declaration if all units            are restricted exclusively to nonresidential use.            (2)  Paragraph (1) is limited by subsection (d) and        section 5221 (relating to rights of secured lenders).            (3)  Paragraph (1) shall not apply to any of the        following:                (i)  Amendments executed by a declarant under:                    (A)  section 5210(e) or (f) (relating to plats                and plans);                    (B)  section 5211(a) (relating to conversion and                expansion of flexible planned communities); or                    (C)  section 5212(a) (relating to withdrawal of                withdrawable real estate).                (ii)  Amendments executed by the association under:                    (A)  subsection (f);                    (B)  section 5107 (relating to eminent domain);                    (C)  section 5207(d) (relating to leasehold                planned communities);                    (D)  section 5209 (relating to limited common                elements); or                    (E)  section 5215 (relating to subdivision or                conversion of units).                (iii)  Amendments executed by certain unit owners            under:                    (A)  section 5209(b);                    (B)  section 5214(a) (relating to relocation of                boundaries between units);                    (C)  section 5215; or                    (D)  section 5220(b) (relating to termination of                planned community).        (b)  Limitation of action to challenge amendment.--No action     to challenge the validity of an amendment adopted by the     association under this section may be brought more than one year     after the amendment is recorded.        (c)  Recording amendment.--Every amendment to the declaration     must be recorded in every county in which any portion of the     planned community is located in the same records as are     maintained for the recording of deeds of real property and shall     be indexed in the name of the planned community in both the     grantor and grantee index. An amendment is effective only upon     recording.        (d)  When unanimous consent or declarant joinder required.--     Except to the extent expressly permitted or required by other     provisions of this subpart, without unanimous consent of all     unit owners affected, no amendment may create or increase     special declarant rights, alter the terms or provisions     governing the completion or conveyance or lease of common     facilities or increase the number of units or change the     boundaries of any unit, the common expense liability or voting     strength in the association allocated to a unit or the uses to     which any unit is restricted. In addition, no declaration     provisions pursuant to which any special declarant rights have     been reserved to a declarant shall be amended without the     express written joinder of the declarant in such amendment.        (e)  Officer authorized to execute amendment.--Amendments to     the declaration required by this subpart to be recorded by the     association shall be prepared, executed, recorded and certified     by an officer of the association designated for that purpose or,     in the absence of designation, by the president of the     association.        (f)  Technical corrections.--Except as otherwise provided in     the declaration, if any amendment to the declaration is     necessary in the judgment of the executive board to do any of     the following:            (1)  cure an ambiguity;            (2)  correct or supplement any provision of the        declaration, including the plats and plans, that is        defective, missing or inconsistent with any other provision        of the declaration or with this subpart;            (3)  conform to the requirements of any agency or entity        that has established national or regional standards with        respect to loans secured by mortgages or deeds of trust or        units in planned community or so-called "PUD" projects, such        as Federal National Mortgage Association and the Federal Home        Loan Mortgage Corporation; or            (4)  comply with any statute, regulation, code or        ordinance which may now or hereafter be made applicable to        the planned community or association, or to make a reasonable        accommodation or permit a reasonable modification in favor of        handicapped, as may be defined by prevailing Federal or State        laws or regulations applicable to the association, unit        owners, residents or employees;     then, at any time, the executive board may, at its discretion,     effect an appropriate corrective amendment without the approval     of the unit owners or the holders of liens on all or any part of     the planned community, upon receipt of an opinion from     independent legal counsel to the effect that the proposed     amendment is permitted by the terms of this subsection.     (Nov. 30, 2004, P.L.1486, No.189, eff. 60 days)        2004 Amendment.  Act 189 amended subsecs. (a) and (f).        Cross References.  Section 5219 is referred to in sections     5102, 5211, 5303 of this title.     § 5220.  Termination of planned community.        (a)  Number of votes required.--Except in the case of a     taking of all the units by eminent domain in section 5107     (relating to eminent domain), a planned community may be     terminated only by agreement of unit owners of units to which at     least 80%, or such larger percentage specified in the     declaration, of the votes in the association are allocated. The     declaration may specify a smaller percentage only if all of the     units in the planned community are restricted exclusively to     nonresidential uses.        (b)  Execution and recording agreement and ratifications.--An     agreement to terminate must be evidenced by the execution or     ratification of a termination agreement, in the same manner as a     deed, by the requisite number of unit owners who are owners of     record as of the date preceding the date of recording of the     termination agreement. The termination agreement must specify     the date it was first executed or ratified by a unit owner. The     termination agreement shall become void unless it is recorded on     or before the earlier of the expiration of one year from the     date it was first executed and ratified by a unit owner or such     date as shall be specified in the termination agreement. A     termination agreement and all ratifications thereof must be     recorded in every county in which a portion of the planned     community is located in the same records as are mai