THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BOYLE, CALTAGIRONE AND FABRIZIO, SEPTEMBER 28, 2010

REFERRED TO COMMITTEE ON URBAN AFFAIRS, SEPTEMBER 28, 2010  

AN ACT

Amending Title 68 (Real and Personal Property) of the

Pennsylvania Consolidated Statutes, further providing for

applicability of local ordinances, regulations and building

codes to condominiums and planned communities.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 3106 and 5106(c) of Title 68 of the

Pennsylvania Consolidated Statutes are amended to read:

§ 3106.  Applicability of local ordinances, regulations and

building codes.

A zoning, subdivision, building code or other real estate use

law, ordinance or regulation may not prohibit the condominium

form of ownership or impose any requirement upon a condominium

which it would not impose upon a physically identical

development under a different form of ownership. Otherwise, no

provision of this subpart invalidates or modifies any provision

of any zoning, subdivision, building code or other real estate

use law, ordinance or regulation. Without limiting the other

provisions of this section, the creation of a condominium

[pursuant to] under section 3201 (relating to creation of

condominium) out of an entire lot, parcel or tract of real

estate, or the conveyance of units in the condominium, shall

not, in and of itself, constitute a subdivision or land

development, as defined in section 107 of the act of July 31,

1968 (P.L.805, No.247), known as the Pennsylvania Municipalities

Planning Code, or for the [purposes of these] purpose of other 

laws, ordinances and regulations. However, construction of any

structure or building on any unit or common facility shall be

subject to the provisions of any zoning, subdivision, land

development, building code or other real estate law, ordinance

or regulation.

§ 5106.  Applicability of local ordinances, regulations and

building codes.

* * *

(c)  Status.--The creation of a planned community under

section 5201 (relating to creation of planned community) out of

an entire lot, parcel or tract of real estate, or the conveyance

of units in the planned community, shall not, in and of itself,

constitute a subdivision or land development as defined in

section 107 of the act of July 31, 1968 (P.L.805, No.247), known

as the Pennsylvania Municipalities Planning Code, or for the

purpose of other laws, ordinances and regulations. However,

construction of any structure or building on any unit or common

facility shall be subject to the provisions of any zoning,

subdivision, land development, building code or other real

estate law, ordinance or regulation.

* * *

Section 2.  This act shall take effect in 60 days.