AN ACT

 

1Amending Title 68 (Real and Personal Property) of the
2Pennsylvania Consolidated Statutes, further providing for
3contents of declaration for flexible planned communities and
4for amendment of declaration.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Sections 5206(2) and 5219(a)(3) of Title 68 of
8the Pennsylvania Consolidated Statutes are amended to read:

9§ 5206. Contents of declaration for flexible planned
10communities.

11The declaration for a flexible planned community shall
12include, in addition to the matters specified in section 5205
13(relating to contents of declaration; all planned communities),
14all of the following:

15* * *

16(2) A statement of the time limit, [not exceeding seven
17years after the recording of the declaration,] upon which any
18option reserved under paragraph (1) will lapse, together with

1a statement of circumstances that will terminate the option
2before the expiration of the time limit. The time limit shall 
3not exceed the later of:

4(i)  ten years after the recording of the
5declaration; or

6(ii) in the case of a preliminary plat calling for
7the installation of improvements in sections, 120 days
8after municipal approval or denial of each particular
9section's final plat which was filed prior to the
10deadline approved or modified by the municipal governing
11body pursuant to section 508(4)(v) of the act of July 31,
121968 (P.L.805, No.247), known as the Pennsylvania
13Municipalities Planning Code, or in the event of an
14appeal from the municipal approval or denial of such
15final plat, 120 days after a final judgment on appeal.

16* * *

17§ 5219. Amendment of declaration.

18(a) Number of votes required.--

19* * *

20(3) Paragraph (1) shall not apply to any of the
21following:

22(i) Amendments executed by a declarant under:

23(A) section 5210(e) or (f) (relating to plats
24and plans);

25(B) section 5211(a) (relating to conversion and
26expansion of flexible planned communities); or

27(C) section 5212(a) (relating to withdrawal of
28withdrawable real estate).

29(ii) Amendments executed by the association under:

30(A) subsection (f);

1(B) section 5107 (relating to eminent domain);

2(C) section 5207(d) (relating to leasehold
3planned communities);

4(D) section 5209 (relating to limited common
5elements); or

6(E) section 5215 (relating to subdivision or
7conversion of units).

8(iii) Amendments executed by certain unit owners
9under:

10(A) section 5209(b);

11(B) section 5214(a) (relating to relocation of
12boundaries between units);

13(C) section 5215; or

14(D) section 5220(b) (relating to termination of
15planned community).

16(iv) Amendments executed by a declarant which
17conform the maximum time limit for exercising declarant
18options to the time limit authorized by section 5206(2)
19(relating to contents of declaration for flexible planned
20communities).

21Section 2. The amendment of 68 Pa.C.S. § 5206(2) shall apply
22to all planned communities created by declarations recorded less
23than seven years prior to the effective date of this act.

24Section 3. This act shall take effect immediately.