THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY HICKERNELL, BOYD, CALTAGIRONE, CARROLL, CREIGHTON, CUTLER, DENLINGER, GEIST, GINGRICH, GROVE, MENSCH, MURT, MUSTIO, O'NEILL, REICHLEY, ROHRER, TRUE AND YOUNGBLOOD, FEBRUARY 23, 2009

REFERRED TO COMMITTEE ON URBAN AFFAIRS, FEBRUARY 23, 2009  

AN ACT

Amending Title 68 (Real and Personal Property) of the

Pennsylvania Consolidated Statutes, providing for enforcement

of violation of condominium, cooperative and planned

community provisions; consolidating provisions applicable to

certain condominiums under the former Unit Property Act; and

making a related repeal.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 68 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 3114.  Enforcement through Unfair Trade Practices and Consumer

Protection Law.

Notwithstanding section 3113(b) (relating to remedies to be

liberally administered), a violation of this subpart shall

constitute an unfair trade practice, as defined under the act of

December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade

Practices and Consumer Protection Law, shall be deemed unlawful

and may be enforced by the Attorney General.

Section 2.  Title 68 is amended by adding a chapter to read:

CHAPTER 35

PRE-1980 CONDOMINIUMS

Subchapter

A.  Preliminary Provisions

B.  General Provisions

C.  Administrative Provisions

D.  Declarations, Reservations of Charges Under Declaration,

Conveyances, Mortgages and Leases

E.  Recording

F.  Removal of Property from this Chapter

G.  Assessments, Taxation and Liens

H.  Miscellaneous Provisions

SUBCHAPTER A

PRELIMINARY PROVISIONS

Sec.

3501.  Scope of chapter.

3502.  Definitions.

3503.  Applicability.

§ 3501.  Scope of chapter.

This chapter applies to condominiums created prior to October

29, 1980, that were subject to the former act of July 3, 1963

(P.L.196, No.117), known as the Unit Property Act.

§ 3502.  Definitions.

The following words and phrases as used in this chapter shall

have the meanings given to them in this section, unless the

context clearly indicates otherwise:

"Building."  A multiunit building or buildings or complex

thereof, whether in vertical or horizontal arrangement, as well

as other improvements comprising a part of the property and used

or intended for use for residential, commercial or industrial

purposes or for any other lawful purpose or for any combination

of such uses.

"Code of regulations."  Such governing regulations as are

adopted under this chapter for the regulation and management of

property, including such amendments as may be adopted from time

to time.

"Common elements."  The term includes:

(1)  Land on which a building is located and portions of

a building which are not included in a unit.

(2)  Foundations, structural parts, supports, main walls,

roofs, basements, halls, corridors, lobbies, stairways and

entrances and exits of a building.

(3)  Yards, parking areas and driveways.

(4)  Portions of land and buildings used exclusively for

the management, operation or maintenance of common elements.

(5)  Installations of all central services and utilities.

(6)  All apparatus and installations existing for common

use.

(7)  All other elements of a building necessary or

convenient to its existence, management, operation,

maintenance and safety or normally in common use.

(8)  Such facilities as are designated in a declaration

as common elements.

"Common expenses."  The term includes:

(1)  Expenses of administration, maintenance, repair and

replacement of common elements.

(2)  Expenses agreed upon as common by all unit owners.

(3)  Expenses declared common by provisions of this

chapter or by a declaration or code of regulations.

"Council."  A board of natural individuals of the number

stated in a code of regulations who:

(1)  Are residents of this Commonwealth.

(2)  Need not be unit owners.

(3)  Manage the business, operation and affairs of the

property on behalf of the unit owners and in compliance with

and subject to this chapter.

"Declaration."  The instrument by which an owner of property

submits it to this chapter.

"Declaration plan."  A survey of property prepared in

accordance with section 3542 (relating to declaration plan).

"Majority" or "majority of the unit owners."  The owners of

more than 50% in the aggregate in interest of the undivided

ownership of common elements as specified in a declaration.

"Person."  A natural individual, corporation, partnership,

association, trustee or other legal entity.

"Property."  The term includes the land, the building, all

improvements thereon, all owned in fee simple, and all

easements, rights and appurtenances belonging thereto which have

been or are intended to be subject to this chapter.

"Recorded."  Action whereby an instrument has been duly

entered of record in the office of the recorder of deeds or

department of records of the county in which property is

situate.

"Recorder."  The recorder of deeds or commissioner of records

of the county in which property is situate.

"Revocation."  An instrument signed by all unit owners and by

all holders of liens against the units by which property is

removed from this chapter.

"Unit."  A part of property designed or intended for any type

of independent use, which has a direct exit to:

(1)  a public street or way;

(2)  a common element or common elements leading to a

public street or way; or

(3)  an easement or right-of-way leading to a public

street or way,

and includes the proportionate undivided interest in the common

elements, which is assigned to the unit in the declaration or

any amendments.

"Unit designation."  The number, letter or combination of

numbers or letters designating a unit in a declaration plan.

"Unit owner."  The person or persons owning a unit in fee

simple.

§ 3503.  Applicability.

This chapter shall be applicable only to real property, the

sole owner or all the owners of which submit the same to the

provisions of this chapter or submitted to the former act of

July 3, 1963 (P.L.196, No.117), known as the Unit Property Act,

by a duly recorded declaration.

SUBCHAPTER B

GENERAL PROVISIONS

Sec.

3511.  Status of units and ownership.

3512.  Common elements.

3513.  Invalidity of contrary agreements.

§ 3511.  Status of units and ownership.

Each unit, together with its proportionate undivided interest

in the common elements, is for all purposes real property and

the ownership of each unit, together with its proportionate

undivided interest in the common elements, is for all purposes

the ownership of real property.

§ 3512.  Common elements.

The percentage of undivided interest in the common elements

assigned to each unit shall be set forth in the declaration, and

such percentage shall not be altered except by recording an

amended declaration duly executed by all of the unit owners

affected. The undivided interest in the common elements may not

be separated from the unit to which such interest pertains and

shall be deemed to be conveyed, leased or encumbered with the

unit even though such interest is not expressly referred to or

described in the deed, lease, mortgage or other instrument. The

common elements shall remain undivided, and no owner may exempt

himself from liability with respect to the common expenses by

waiver of the enjoyment of the right to use any of the common

elements or by the abandonment of his unit or otherwise, and no

action for partition or division of any part of the common

elements shall be permitted except as provided in section 3582

(relating to repair or reconstruction). Each unit owner or

lessee may use the common elements in accordance with the

purpose for which they are intended without hindering or

encroaching upon the lawful rights of the other unit owners. The

maintenance and repair of the common elements and the making of

any additions or improvements to the common elements shall be

carried out only as provided in the code of regulations.

§ 3513.  Invalidity of contrary agreements.

Any agreement contrary to this chapter shall be void and of

no effect.

SUBCHAPTER C

ADMINISTRATIVE PROVISIONS

Sec.

3521.  Code of regulations.

3522.  Adoption, amendment, etc., of code of regulations.

3523.  Contents of code of regulations.

3524.  Compliance with code of regulations, administrative

provisions, covenants, etc.

3525.  Noncompliance with code of regulations, administrative

provisions, covenants, etc.

3526.  Duties of council.

3527.  Powers of council.

3528.  Work on common elements.

3529.  Certain work prohibited.

3530.  Easements for work.

3531.  Common profits and expenses.

3532.  Voting by unit owners.

3533.  Books of receipts and expenditures and availability for

examination.

§ 3521.  Code of regulations.

The administration of every property shall be governed by a

code of regulations, a true and correct copy of which, and all

adopted amendments of which, shall be recorded.

§ 3522.  Adoption, amendment, etc., of code of regulations.

The first members of the council shall establish and adopt

the original code of regulations. Thereafter, no amendment or

change of the code of regulations shall be effective unless it

is adopted at a meeting of the unit owners by the affirmative

vote of at least those unit owners who represent a majority of

the votes entitled to be cast at that meeting.

§ 3523.  Contents of code of regulations.

The code of regulations shall provide for at least the

following and may include other lawful provisions:

(1)  Identification of the property by reference to the

place of record of the declaration and the declaration plan.

(2)  The method of calling meetings of unit owners and

meetings of the council.

(3)  The number of unit owners and the number of members

of council which shall constitute a quorum for the

transaction of business.

(4)  The number and qualification of members of council,

the duration of the term of such members and the method of

filling vacancies.

(5)  The annual election by the council of a president,

secretary, treasurer and any other officers which the code of

regulations may specify.

(6)  The duties of each officer, the compensation and

removal of officers and the method of filling vacancies.

(7)  Maintenance, repair and replacement of the common

elements and payment of the cost thereof.

(8)  The manner of collecting common expenses from unit

owners.

(9)  The method of adopting and amending rules governing

the details of the use and operation of the property and the

use of the common elements.

§ 3524.  Compliance with code of regulations, administrative

provisions, covenants, etc.

Each unit owner shall comply with the code of regulations and

with such rules governing the details of the use and operation

of the property and the use of the common elements as may be in

effect from time to time and with the covenants, conditions and

restrictions set forth in the declaration or in the deed to his

unit or in the declaration plan.

§ 3525.  Noncompliance with code of regulations, administrative

provisions, covenants, etc.

Failure to comply with the code of regulations and with such

rules governing the details of the use and operation of the

property and the use of the common elements as may be in effect

from time to time and with the covenants, conditions and

restrictions set forth in the declaration or in deeds of units

or in the declaration plan shall be grounds for an action for

the recovery of damages or for injunctive relief, or both,

maintainable by any member of the council on behalf of the

council or the unit owners or, in a proper case, by an aggrieved

unit owner or by any person who holds a mortgage lien upon a

unit and is aggrieved by any such noncompliance.

§ 3526.  Duties of council.

The duties of the council shall include the following:

(1)  The maintenance, repair and replacement of the

common elements.

(2)  The assessment and collection of funds from unit

owners for common expenses and the payment of such common

expenses.

(3)  The promulgation, distribution and enforcement of

rules governing the details of the use and operation of the

property and the use of the common elements, subject to the

right of a majority of the unit owners to change any such

rules.

(4)  Any other duties which may be set forth in the

declaration or code of regulations.

§ 3527.  Powers of council.

Subject to the limitations and restrictions contained in this

chapter, the declaration and the code of regulations, the

council shall have, on behalf of the unit owners:

(1)  The power to manage the business, operation and

affairs of the property and for such purposes to engage

employees and appoint agents and define their duties and fix

their compensation, enter into contracts and other written

instruments or documents and authorize the execution of the

contracts and other written instruments or documents by

officers elected by the council.

(2)  Such incidental powers as may be appropriate to the

performance of their duties.

§ 3528.  Work on common elements.

The maintenance, repair and replacement of the common

elements and the making of improvements or additions to the

common elements shall be carried on only as provided in the code

of regulations.

§ 3529.  Certain work prohibited.

No unit owner shall do any work which would jeopardize the

soundness or safety of the property or impair any easement or

hereditament without the unanimous consent of the unit owners

affected by the work.

§ 3530.  Easements for work.

The council shall have an easement to enter any unit to

maintain, repair or replace the common elements, as well as to

make repairs to units if such repairs are reasonably necessary

for public safety or to prevent damage to other units or to the

common elements.

§ 3531.  Common profits and expenses.

The common profits of the property shall be distributed among

and the common expenses shall be charged to the unit owners

according to the percentage of the undivided interest of each in

the common elements as set forth in the declaration and any

amendments.

§ 3532.  Voting by unit owners.

At any meeting of unit owners, each unit owner shall be

entitled to the same number of votes as the percentage of

ownership in the common elements assigned to his unit in the

declaration and any amendments.

§ 3533.  Books of receipts and expenditures and availability for

examination.

The treasurer shall keep detailed records of all receipts and

expenditures, including expenditures affecting the common

elements, specifying and itemizing the maintenance, repair and

replacement expenses of the common elements and any other

expenses incurred. The records shall be available for

examination by the unit owners during regular business hours. In

accordance with the actions of the council assessing common

expenses against the units and unit owners, the treasurer shall

keep an accurate record of such assessments and of the payment

of assessments by each unit owner.

SUBCHAPTER D

DECLARATIONS, RESERVATIONS OF CHARGES UNDER DECLARATION,

CONVEYANCES, MORTGAGES AND LEASES

Sec.

3541.  Contents of declaration.

3542.  Declaration plan.

3543.  Contents of deeds of units.

3544.  Mortgages and other liens of record affecting property at

time of first conveyance of each unit.

3545.  Sales, conveyances or leases of or liens upon separate

units.

§ 3541.  Contents of declaration.

(a)  General rule.--A declaration shall contain the

following:

(1)  A reference to this chapter and an expression of the

intention to submit the property to this chapter.

(2)  A description of the land and building.

(3)  The name by which the property will be known.

(4)  A statement that the property is to consist of units

and common elements as shown in a declaration plan.

(5)  A description of the common elements and the

proportionate undivided interest, expressed as a percentage,

assigned to each unit, which percentages shall aggregate

100%.

(6)  A statement that the proportionate undivided

interest in the common elements may be altered by the

recording of an amendment duly executed by all unit owners

affected by the amendment.

(7)  A statement of the purposes or uses for which each

unit is intended and the restrictions, if any, as to use.

(8)  The names of the first members of the council.

(9)  Any further details in connection with the property

which the party or parties executing the declaration may deem

appropriate.

(b)  Construction.--Any reference in the declaration to the

former act of July 3, 1963 (P.L.196, No.117), known as the Unit

Property Act, shall be deemed a reference to this chapter or

relevant provisions of this chapter.

§ 3542.  Declaration plan.

The declaration plan shall bear the verified statement of a

registered architect or licensed professional engineer

certifying that the declaration plan fully and accurately:

(1)  Shows the property, the location of the building

thereon, the building and the layout of the floors of the

building, including the units and the common elements.

(2)  Sets forth the name by which the property will be

known and the unit designation for each unit in the property.

§ 3543.  Contents of deeds of units.

Deeds of units shall include the following:

(1)  The name by which the property is identified in the

declaration plan and the name of the political subdivision

and the ward, if any, and the name of the county in which the

building is situate, together with a reference to the

declaration and the declaration plan, including reference to

the place where both instruments and any amendments are

recorded.

(2)  The unit designation of the unit in the declaration

plan and any other data necessary for its proper

identification.

(3)  A reference to the last unit deed if the unit was

previously conveyed.

(4)  The proportionate undivided interest, expressed as a

percentage, in the common elements which is assigned to the

unit in the declaration and any amendments thereof.

(5)  In addition to paragraphs (1), (2), (3) and (4), the

first deed conveying each unit shall contain the following

specific provision:

The grantee, for and on behalf of the grantee and the

grantee's heirs, personal representatives, successors and

assigns, by the acceptance of this deed covenants and

agrees to pay such charges for the maintenance of,

repairs to, replacement of and expenses in connection

with the common elements as may be assessed from time to

time by the council in accordance with 68 Pa.C.S. Ch. 35 

(relating to pre-1980 condominiums) and further covenants

and agrees that the unit conveyed by this deed shall be

subject to a charge for all amounts so assessed and that,

except insofar as 68 Pa.C.S. §§ 3575 (relating to unpaid

assessments at time of execution sale against a unit) and

3576 (relating to unpaid assessments at time of voluntary

sale of a unit) may relieve a subsequent unit owner of

liability for prior unpaid assessments, this covenant

shall run with and bind the land or unit hereby conveyed

and all subsequent owners thereof.

(6)  Any further details which the grantor and grantee

may deem appropriate and which are consistent with the

declaration, the code of regulations, the declaration plan

and this chapter.

§ 3544.  Mortgages and other liens of record affecting property

at time of first conveyance of each unit.

At the time of the first conveyance of each unit following

the recording of the original declaration, every mortgage and

other lien of record affecting the entire building or property

or a greater portion thereof than the unit being conveyed shall

be paid and satisfied of record, or the unit being conveyed

shall be released therefrom by partial release duly recorded.

§ 3545.  Sales, conveyances or leases of or liens upon separate

units.

Units may be sold, conveyed, mortgaged, leased or otherwise

dealt with in the same manner as like dealings are conducted

with respect to real property and interests in the real

property. Every written instrument dealing with a unit shall

specifically set forth the name by which the property is

identified and the unit designation identifying the unit

involved.

SUBCHAPTER E

RECORDING

Sec.

3551.  Instruments recordable.

3552.  Recording a prerequisite to effectiveness of certain

instruments.

3553.  Place of recording.

3554.  Indexing by recording officer.

3555.  Recording fees.

§ 3551.  Instruments recordable.

All instruments relating to the property or any unit,

including the instruments provided for in this chapter, shall be

entitled to be recorded, provided that they are acknowledged or

proved in the manner provided by law.

§ 3552.  Recording a prerequisite to effectiveness of certain

instruments.

No declaration, declaration plan or code of regulations or

any amendments shall be effective until duly recorded.

§ 3553.  Place of recording.

The recorder shall record declarations, deeds of units, codes

of regulations and revocations in the same records as are

maintained for the recording of deeds of real property.

Mortgages relating to units shall be recorded in the same

records as are maintained by the recorder for the recording of

real estate mortgages. Declaration plans, and any and all

amendments, shall be recorded in the same records as are

maintained for the recording of subdivision plans.

§ 3554.  Indexing by recording officer.

The recorder shall index each declaration against the maker

of the declaration as the grantor and the name by which the

property is identified in the declaration as the grantee. The

recorder shall index each declaration plan and code of

regulations and any revocation in the name by which the property

is identified therein in both the grantor index and the grantee

index. The recorder shall index each unit deed and mortgage and

lease covering a unit in the same manner as like instruments are

indexed.

§ 3555.  Recording fees.

The recorder shall be entitled to charge the same fees for

recording instruments which are recordable under this chapter as

the recorder is entitled to charge for like services with

respect to the recording of instruments.

SUBCHAPTER F

REMOVAL OF PROPERTY FROM THIS CHAPTER

Sec.

3561.  Removal.

3562.  Effect of removal.

3563.  Resubmission.

§ 3561.  Removal.

Property may be removed from this chapter by a revocation

expressing the intention to remove property previously made

subject to this chapter. No revocation shall be effective unless

it is executed by all of the unit owners and by the holders of

all mortgages, judgments or other liens affecting the units and

is duly recorded.

§ 3562.  Effect of removal.

When property subject to this chapter has been removed as

provided in section 3561 (relating to removal), the former unit

owners shall, at the time such removal becomes effective, become

tenants in common of the property. The undivided interest in the

property owned in common which shall appertain to each unit

owner at the time of removal shall be the percentage of

undivided interest previously owned by the unit owner in the

common elements.

§ 3563.  Resubmission.

The removal of property from the provisions of this chapter

shall not preclude such property from being resubmitted to this

chapter in the manner provided in this chapter.

SUBCHAPTER G

ASSESSMENTS, TAXATION AND LIENS

Sec.

3571.  Assessments and taxes.

3572.  Assessment of charges.

3573.  Method of enforcing charges.

3574.  Mechanics' liens against units.

3575.  Unpaid assessments at time of execution sale against

unit.

3576.  Unpaid assessments at time of voluntary sale of unit.

§ 3571.  Assessments and taxes.

Each unit and its proportionate undivided interest in the

common elements as determined by the declaration and any

amendments thereof shall be assessed and taxed for all purposes

as a separate parcel of real estate entirely independent of the

building or property of which the unit is a part. Neither the

building, the property nor any of the common elements shall be

assessed or taxed separately after the declaration and

declaration plan are recorded, nor shall the building, property

or any of the common elements be subject to assessment or

taxation, except as the units and their proportionate undivided

interests in the common elements are assessed and taxed under

this section.

§ 3572.  Assessment of charges.

All sums assessed by resolutions duly adopted by the council

against any unit for the share of common expenses chargeable to

that unit shall constitute the personal liability of the owner

of the unit so assessed and shall, until fully paid, together

with interest thereon at the rate of 6% per year from the 30th

day following the adoption of such resolutions, constitute a

charge against the unit which shall be enforceable as provided

in section 3573 (relating to method of enforcing charges).

§ 3573.  Method of enforcing charges.

A charge assessed against a unit may be enforced by suit by

the council acting on behalf of the unit owners in a civil

action provided that each suit when filed shall refer to this

chapter and to the unit against which the assessment is made and

the owner of the unit and shall be indexed by the prothonotary

as lis pendens. Any judgment against a unit and its owner shall

be enforceable in the same manner as is otherwise provided by

law.

§ 3574.  Mechanics' liens against units.

A mechanics' lien arising as a result of repairs to or

improvements of a unit by a unit owner shall be a lien only

against that unit. A mechanics' lien arising as a result of

repairs to or improvements of the common elements, if authorized

in writing pursuant to a duly adopted resolution of the council,

shall be paid by the council as a common expense and until so

paid shall be a lien against each unit in a percentage equal to

the proportionate share of the common elements relating to that

unit.

§ 3575.  Unpaid assessments at time of execution sale against

unit.

In the event that title to a unit is transferred by sheriff's

sale pursuant to execution upon any lien against the unit, the

council may give notice in writing to the sheriff of any unpaid

assessments for common expenses which are a charge against the

unit but have not been reduced to lien under section 3573

(relating to method of enforcing charges), and the sheriff shall

pay the assessments of which the sheriff has the notice out of

any proceeds of the sale which remain in the sheriff's hands for

distribution after payment of all other claims which the sheriff

is required by law to pay, but prior to any distribution of the

balance to the former unit owner against whom the execution was

issued. The purchaser at the sheriff's sale and the unit

involved shall not be liable for unpaid assessments for common

expenses which become due prior to the sheriff's sale of the

unit. Any unpaid assessments which cannot be promptly collected

from the former unit owner may be reassessed by the council as a

common expense to be collected from all of the unit owners,

including the purchaser who acquired title at the sheriff's

sale, the purchaser's successors and assigns. To protect its

right to collect unpaid assessments which are a charge against a

unit, the council may, on behalf of the unit owners, purchase

the unit at sheriff's sale, provided that such action is

authorized by the affirmative vote of a majority of the members

of council, and, if it does purchase the unit, the council shall

thereafter have the power to sell, convey, mortgage or lease the

unit to any person.

§ 3576.  Unpaid assessments at time of voluntary sale of unit.

(a)  General rule.--Subject to subsection (b), upon the

voluntary sale or conveyance of a unit, the grantee shall be

jointly and severally liable with the grantor for all unpaid

assessments for common expenses which are a charge against the

unit as of the date of the sale or conveyance, but such joint

and several liability shall be without prejudice to the

grantee's right to recover from the grantor the amount of any

such unpaid assessments which the grantee may pay, and until any

such assessments are paid, they shall continue to be a charge

against the unit which may be enforced in the manner set forth

in section 3573 (relating to method of enforcing charges).

(b)  Right to treasurer's statement.--

(1)  A person who shall have entered into a written

agreement to purchase a unit shall be entitled to obtain a

written statement from the treasurer setting forth the amount

of unpaid assessments charged against the unit and its

owners. If such statement does not reveal the full amount of

the unpaid assessments as of the date it is rendered, neither

the purchaser nor the unit shall be liable for the payment of

an amount in excess of the unpaid assessments shown on the

statement.

(2)  Any such excess which cannot be promptly collected

from the former unit owner may be reassessed by the council

as a common expense to be collected from all of the unit

owners, including the purchaser, the purchaser's successors

and assigns.

SUBCHAPTER H

MISCELLANEOUS PROVISIONS

Sec.

3581.  Insurance.

3582.  Repair or reconstruction.

3583.  Eminent domain.

3584.  Enforcement through Unfair Trade Practices and Consumer

Protection Law.

§ 3581.  Insurance.

The council shall, if required by the declaration, the code

of regulations or a majority of the unit owners, insure the

building against loss or damage by fire and such other hazards

as shall be required or requested, without prejudice to the

right of each unit owner to insure his own unit for his own

benefit. The premiums for such insurance on the building shall

be deemed common expenses.

§ 3582.  Repair or reconstruction.

(a)  General rule.--Except as otherwise provided in

subsection (b), damage to or destruction of a building or of one

or more of several buildings which comprise the property shall

be promptly repaired and restored by the council using the

proceeds of insurance held by the council, if any, for that

purpose, and the unit owners directly affected by it shall be

liable for assessment for any deficiency in proportion to their

respective undivided ownership of the common elements.

(b)  Exception.--If there is substantially total destruction

of the building or of one or more of several buildings which

comprise the property or if at least 75% of the unit owners

directly affected by it resolve not to proceed with repair or

restoration, then, and in that event, the salvage value of the

property or of the substantially destroyed building or buildings

shall be subject to partition at the suit of any unit owner

directly affected by it, in which event the net proceeds of

sale, together with the net proceeds of insurance policies held

by the council, if any, shall be considered as one fund and

shall be divided among all the unit owners directly affected by

it in proportion to their respective undivided ownership of the

common elements, after discharging, out of the respective shares

of unit owners directly affected by it, to the extent sufficient

for the purpose, all liens against the units of such unit

owners.

§ 3583.  Eminent domain.

Whenever all or part of the common elements shall be taken,

injured or destroyed by eminent domain, each unit owner shall be

entitled to notice thereof and to participate in the proceedings

incident thereto, but in any proceeding for the determination of

damages, such damages shall be determined for such taking,

injury or destruction as a whole and not for each unit owner's

interest in the common elements. After such determination, each

unit owner shall be entitled to a share in the damages in the

same proportion as that unit owner's individual interest in the

common elements.

§ 3584.  Enforcement through Unfair Trade Practices and Consumer

Protection Law.

A violation of this chapter shall constitute an unfair trade

practice as defined under the act of December 17, 1968 (P.L.

1224, No.387), known as the Unfair Trade Practices and Consumer

Protection Law, shall be deemed unlawful and may be enforced by

the Attorney General.

Section 3.  Title 68 is amended by adding sections to read:

§ 4114.  Enforcement through Unfair Trade Practices and Consumer

Protection Law.

Notwithstanding the provisions of section 4113(b) (relating

to remedies to be liberally administered), a violation of this

subpart shall constitute an unfair trade practice as defined

under the act of December 17, 1968 (P.L.1224, No.387), known as

the Unfair Trade Practices and Consumer Protection Law, shall be

deemed unlawful and may be enforced by the Attorney General.

§ 5115.  Enforcement through Unfair Trade Practices and Consumer

Protection Law.

Notwithstanding the provisions of section 5114(b) (relating

to remedies to be liberally administered), a violation of this

subpart shall constitute an unfair trade practice as defined

under the act of December 17, 1968 (P.L.1224, No.387), known as

the Unfair Trade Practices and Consumer Protection Law, shall be

deemed unlawful and may be enforced by the Attorney General.

Section 4.  The addition of 68 Pa.C.S. Ch. 35 is a

continuation of the former act of July 3, 1963 (P.L.196, No.

117), known as the Unit Property Act. The following apply:

(1)  Except as otherwise provided in 68 Pa.C.S. Ch. 35, 

all activities initiated under the Unit Property Act shall

continue and remain in full force and effect and may be

completed under 68 Pa.C.S. Ch. 35. Resolutions, orders,

regulations, rules and decisions which were made under the

Unit Property Act and which are in effect on the effective

date of this section shall remain in full force and effect

until revoked, vacated or modified under 68 Pa.C.S. Ch. 35.

Contracts, obligations and agreements entered into under the

Unit Property Act are not affected nor impaired by the repeal

of the Unit Property Act.

(2)  Except as set forth in paragraph (3), any difference

in language between 68 Pa.C.S. Ch. 35 and the Unit Property

Act is intended only to conform to the style of the

Pennsylvania Consolidated Statutes and is not intended to

change or affect the legislative intent, judicial

construction or administrative interpretation and

implementation of the Unit Property Act.

(3)  Paragraph (2) does not apply to 68 Pa.C.S. §§ 3501,

3541(b) and 3584.

Section 5.  Repeals are as follows:

(1)  The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate this act.

(2)  The act of July 3, 1963 (P.L.196, No.117), known as

the Unit Property Act, is repealed.

Section 6.  This act shall take effect in 60 days.