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

1option reserved under paragraph (1) will lapse together with
2a statement of any circumstances that will terminate the
3option before the expiration of the time limit. The time 
4limit shall not exceed the later of:

5(i) ten years after the recording of the
6declaration; or

7(ii) in the case of a preliminary plat calling for
8the installation of improvements in sections, 120 days
9after municipal approval or denial of each particular
10section's final plat which was filed prior to the
11deadline approved or modified by the municipal governing
12body pursuant to section 508(4)(v) of the act of July 31,
131968 (P.L.805, No.247), known as the Pennsylvania
14Municipalities Planning Code, or in the event of an
15appeal from the municipal approval or denial of such
16final plat, 120 days after a final judgment on appeal.

17* * *

18§ 3219. Amendment of declaration.

19(a) Number of votes required.--[Except in cases of
20amendments that may be executed by a declarant under section
213210(e) and (f) (relating to plats and plans), 3211(a) (relating
22to conversion and expansion of flexible condominiums) or 3212(a)
23(relating to withdrawal of withdrawable real estate); the
24association under subsection (f) or section 3107 (relating to
25eminent domain), 3207(d) (relating to leasehold condominiums),
263209(c) (relating to limited common elements) or 3215(a)
27(relating to subdivision or conversion of units); or certain
28unit owners under section 3209(b) (relating to limited common
29elements), 3214(a) (relating to relocation of boundaries between
30adjoining units), 3215(b) (relating to subdivision or conversion

1of units) or 3220(b) (relating to termination of condominium),
2and except as limited by subsection (d) and section 3221
3(relating to rights of secured lenders), the]

4(1) The declaration, including the plats and plans, may
5be amended only by vote or agreement of unit owners of units
6to which at least [67%]:

7(i) Sixty-seven percent of the votes in the
8association are allocated[, or];

9(ii) any larger majority the declaration specifies[.
10The declaration may specify]; or

11(iii) a smaller number [only] as specified in the 
12declaration if all of the units are restricted
13exclusively to nonresidential use.

14(2) Paragraph (1) is limited to subsection (d) and
15section 3221 (relating to rights of secured lenders).

16(3) Paragraph (1) shall not apply to any of the
17following:

18(i) Amendments executed by a declarant under:

19(A) section 3210(e) and (f) (relating to plats
20and plans);

21(B) section 3211(a) (relating to conversion and
22expansion of flexible condominiums); or

23(C) section 3212(a) (relating to withdrawal of
24withdrawable real estate).

25(ii) Amendments executed by the association under:

26(A) subsection (f);

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

28(C) section 3207(d) (relating to leasehold
29condominiums);

30(D) section 3209(c) (relating to limited common

1elements); or

2(E) 3215(a) (relating to subdivision or
3conversion of units).

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

6(A) section 3209(b);

7(B) section 3214(a) (relating to relocation of
8boundaries between adjoining units);

9(C) section 3215(b) (relating to subdivision or
10conversion of units); or

11(D) section 3220(b) (relating to termination of
12condominium).

13(iv) Amendments executed by a declarant which
14conform the maximum time limit for exercising declarant
15options to the time limit authorized by section 3206(2)
16(relating to contents of declaration; flexible 
17condominiums).

18* * *

19§ 5206. Contents of declaration for flexible planned
20communities.

21The declaration for a flexible planned community shall
22include, in addition to the matters specified in section 5205
23(relating to contents of declaration; all planned communities),
24all of the following:

25* * *

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

1not exceed the later of:

2(i)  ten years after the recording of the
3declaration; or

4(ii) in the case of a preliminary plat calling for
5the installation of improvements in sections, 120 days
6after municipal approval or denial of each particular
7section's final plat which was filed prior to the
8deadline approved or modified by the municipal governing
9body pursuant to section 508(4)(v) of the act of July 31,
101968 (P.L.805, No.247), known as the Pennsylvania
11Municipalities Planning Code, or in the event of an
12appeal from the municipal approval or denial of such
13final plat, 120 days after a final judgment on appeal.

14* * *

15§ 5219. Amendment of declaration.

16(a) Number of votes required.--

17* * *

18(3) Paragraph (1) shall not apply to any of the
19following:

20(i) Amendments executed by a declarant under:

21(A) section 5210(e) or (f) (relating to plats
22and plans);

23(B) section 5211(a) (relating to conversion and
24expansion of flexible planned communities); or

25(C) section 5212(a) (relating to withdrawal of
26withdrawable real estate).

27(ii) Amendments executed by the association under:

28(A) subsection (f);

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

30(C) section 5207(d) (relating to leasehold

1planned communities);

2(D) section 5209 (relating to limited common
3elements); or

4(E) section 5215 (relating to subdivision or
5conversion of units).

6(iii) Amendments executed by certain unit owners
7under:

8(A) section 5209(b);

9(B) section 5214(a) (relating to relocation of
10boundaries between units);

11(C) section 5215; or

12(D) section 5220(b) (relating to termination of
13planned community).

14(iv) Amendments executed by a declarant which
15conform the maximum time limit for exercising declarant
16options to the time limit authorized by section 5206(2)
17(relating to contents of declaration for flexible planned
18communities).

<-19Section 2. The amendment of 68 Pa.C.S. § 5206(2) shall apply

<-20Section 2. This act shall apply as follows:

21(1) The amendment of 68 Pa.C.S. §§ 3206(2) and 5206(2) 
22shall apply to all condominiums and planned communities<-, 
23respectively, created by declarations recorded less than 
24seven years prior to the effective date of this act.

<-25(2) The amendment of the following provisions shall not
26affect any other provision of Title 68:

27(i) 68 Pa.C.S. § 3206(2).

28(ii) 68 Pa.C.S. § 3219(a).

29(iii) 68 Pa.C.S. § 5206(2).

30(iv) 68 Pa.C.S. § 5219(a)(3).

1Section 3. This act shall take effect immediately.