1Amending Title 68 (Real and Personal Property) of the
2Pennsylvania Consolidated Statutes, in creation, alteration
3and termination of condominiums, further providing for
4contents of declaration and flexible condominiums and for
5amendment of declaration; and, in creation, alteration and
6termination of planned communities, further providing for
7contents of declaration for flexible planned communities and
8for amendment of declaration.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

11Section 1. Sections 3206(2), 3219(a), 5206(2) and 5219(a)(3)
12of Title 68 of the Pennsylvania Consolidated Statutes are
13amended to read:

14§ 3206. Contents of declaration; flexible condominiums.

15The declaration for a flexible condominium shall include, in
16addition to the matters specified in section 3205 (relating to
17contents of declaration; all condominiums):

18* * *

19(2) A statement of the time limit, [not exceeding seven
20years after the recording of the declaration,] upon which any
21option reserved under paragraph (1) will lapse together with

1a statement of any circumstances that will terminate the
2option before the expiration of the time limit. The time 
3limit shall not 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§ 3219. Amendment of declaration.

18(a) Number of votes required.--[Except in cases of
19amendments that may be executed by a declarant under section
203210(e) and (f) (relating to plats and plans), 3211(a) (relating
21to conversion and expansion of flexible condominiums) or 3212(a)
22(relating to withdrawal of withdrawable real estate); the
23association under subsection (f) or section 3107 (relating to
24eminent domain), 3207(d) (relating to leasehold condominiums),
253209(c) (relating to limited common elements) or 3215(a)
26(relating to subdivision or conversion of units); or certain
27unit owners under section 3209(b) (relating to limited common
28elements), 3214(a) (relating to relocation of boundaries between
29adjoining units), 3215(b) (relating to subdivision or conversion
30of units) or 3220(b) (relating to termination of condominium),

1and except as limited by subsection (d) and section 3221
2(relating to rights of secured lenders), the]

3(1) The declaration, including the plats and plans, may
4be amended only by vote or agreement of unit owners of units
5to which at least:

6(i) [67%] Sixty-seven percent of the votes in the
7association are allocated[, or];

8(ii) any larger majority the declaration specifies[.
9The declaration may specify]; or

10(iii) a smaller number [only] as specified in the 
11declaration if all of the units are restricted
12exclusively to nonresidential use.

13(2) Paragraph (1) is limited to subsection (d) and
14section 3221 (relating to rights of secured lenders).

15(3) Paragraph (1) shall not apply to any of the
16following:

17(i) Amendments executed by a declarant under:

18(A) section 3210(e) and (f) (relating to plats
19and plans);

20(B) section 3211(a) (relating to conversion and
21expansion of flexible condominiums); or

22(C) section 3212(a) (relating to withdrawal of
23withdrawable real estate).

24(ii) Amendments executed by the association under:

25(A) subsection (f);

26(B) section 3107 (relating to eminent domain);

27(C) section 3207(d) (relating to leasehold
28condominiums);

29(D) section 3209(c) (relating to limited common
30elements); or

1(E) 3215(a) (relating to subdivision or
2conversion of units).

3(iii) Amendments executed by certain unit owners
4under:

5(A) section 3209(b);

6(B) section 3214(a) (relating to relocation of
7boundaries between adjoining units);

8(C) section 3215(b) (relating to subdivision or
9conversion of units); or

10(D) section 3220(b) (relating to termination of
11condominium).

12(iv) Amendments executed by a declarant which
13conform the maximum time limit for exercising declarant
14options to the time limit authorized by section 3206(2)
15(relating to contents of declaration; flexible 
16condominiums).

17* * *

18§ 5206. Contents of declaration for flexible planned
19communities.

20The declaration for a flexible planned community shall
21include, in addition to the matters specified in section 5205
22(relating to contents of declaration; all planned communities),
23all of the following:

24* * *

25(2) A statement of the time limit, [not exceeding seven
26years after the recording of the declaration,] upon which any
27option reserved under paragraph (1) will lapse, together with
28a statement of circumstances that will terminate the option
29before the expiration of the time limit. The time limit shall 
30not exceed the later of:

1(i)  ten years after the recording of the
2declaration; or

3(ii) in the case of a preliminary plat calling for
4the installation of improvements in sections, 120 days
5after municipal approval or denial of each particular
6section's final plat which was filed prior to the
7deadline approved or modified by the municipal governing
8body pursuant to section 508(4)(v) of the act of July 31,
91968 (P.L.805, No.247), known as the Pennsylvania
10Municipalities Planning Code, or in the event of an
11appeal from the municipal approval or denial of such
12final plat, 120 days after a final judgment on appeal.

13* * *

14§ 5219. Amendment of declaration.

15(a) Number of votes required.--

16* * *

17(3) Paragraph (1) shall not apply to any of the
18following:

19(i) Amendments executed by a declarant under:

20(A) section 5210(e) or (f) (relating to plats
21and plans);

22(B) section 5211(a) (relating to conversion and
23expansion of flexible planned communities); or

24(C) section 5212(a) (relating to withdrawal of
25withdrawable real estate).

26(ii) Amendments executed by the association under:

27(A) subsection (f);

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

29(C) section 5207(d) (relating to leasehold
30planned communities);

1(D) section 5209 (relating to limited common
2elements); or

3(E) section 5215 (relating to subdivision or
4conversion of units).

5(iii) Amendments executed by certain unit owners
6under:

7(A) section 5209(b);

8(B) section 5214(a) (relating to relocation of
9boundaries between units);

10(C) section 5215; or

11(D) section 5220(b) (relating to termination of
12planned community).

13(iv) Amendments executed by a declarant which
14conform the maximum time limit for exercising declarant
15options to the time limit authorized by section 5206(2)
16(relating to contents of declaration for flexible planned
17communities).

18Section 2. The amendment of 68 Pa.C.S. §§ 3206(2) and
195206(2) shall apply to all condominiums and planned communities,
20respectively, created by declarations recorded less than seven
21years prior to the effective date of this section.

22Section 3. This act shall take effect immediately.