5401 - Applicability; waiver.
CHAPTER 54 PROTECTION OF PURCHASERS Sec. 5401. Applicability; waiver. 5402. Public offering statement; general provisions. 5403. Public offering statement; time-share estates. 5404. Public offering statement; planned communities containing conversion buildings. 5405. Public offering statement; planned community securities. 5406. Purchaser's right to cancel. 5407. Resales of units. 5408. Escrow of deposits. 5409. Release of liens. 5410. Planned communities containing conversion buildings. 5411. Warranty against structural defects. 5412. Effect of violations on rights of action. 5413. Labeling of promotional material. 5414. Declarant's obligation to complete and restore. Enactment. Chapter 54 was added December 19, 1996, P.L.1336, No.180, effective in 45 days. § 5401. Applicability; waiver. (a) General rule.--This chapter applies to all units subject to this subpart, except as provided in subsection (b) and section 5411 (relating to warranty against structural defects) or as modified or waived by agreement of the purchaser of any unit which is intended for nonresidential use at the time of sale of such unit by the declarant or by agreement of purchasers of units in a planned community who are or intend to be in the business of buying and selling planned community units, provided that: (1) a purchaser of a unit intended for residential use at the time of sale by the declarant may not modify or waive the provisions of section 5411 with regard to such unit and the common elements; (2) with regard to any limited common element appurtenant only to nonresidential units, the unit owners of all such units have agreed to such modification or waiver and, with regard to any common elements other than limited common elements in a planned community in which all units are restricted to nonresidential use, all unit owners have agreed to such modification or waiver; and (3) no modification or waiver shall prevent any unit owner from indirectly benefiting from any provision in this chapter by reason of such unit owner being a unit owner in the planned community and a member of the association. (b) Public offering statements.--A public offering statement need not be prepared or delivered in the case of: (1) a gratuitous transfer of a unit; (2) a disposition pursuant to court order; (3) a disposition by a government or governmental agency; (4) a disposition by foreclosure or deed in lieu of foreclosure; (5) a disposition of a unit situated wholly outside this Commonwealth pursuant to a contract executed wholly outside this Commonwealth; or (6) a transfer to which section 5407 (relating to resales of units) applies. (c) Resale certificates.--A resale certificate as described in section 5407 need not be prepared or delivered in the cases described in subsection (b)(1) through (5). (d) Unified public offering statement.--If a unit is part of two or more planned communities or is part of a planned community and is part of any other real estate regime in connection with the sale of which the delivery of a public offering statement is required under the laws of this Commonwealth, a single public offering statement conforming to the requirements of sections 5402 (relating to public offering statement; general provisions), 5403 (relating to public offering statement; time-share estates) and 5404 (relating to public offering statement; planned communities containing conversion buildings), as those requirements relate to any real estate regimes in which the unit is located and to any other requirements imposed under the laws of this Commonwealth, may be prepared and delivered in lieu of providing two or more public offering statements. Cross References. Section 5401 is referred to in sections 5102, 5406 of this title.