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 for all condominiums, for contents of 
5declaration <-and for flexible condominiums and for amendment 
6of declaration<-; in protection of purchasers, further 
7providing for declarant's obligation to complete and restore; 
8and, in creation, alteration and termination of planned 
9communities, further providing for <-contents of declaration 
10for all planned communities, for contents of declaration for
11flexible planned communities and for amendment of
12declaration.

13The General Assembly of the Commonwealth of Pennsylvania
14hereby enacts as follows:

<-15Section 1. Sections 3206(2), 3219(a), 5206(2) and 5219(a)(3)
16of Title 68 of the Pennsylvania Consolidated Statutes are
17amended to read:

<-18Section 1. Sections 3205(12) and (13), 3206(2), 3219(a), 
193414(c), 5205(13) and (14), 5206(2) and 5219(a)(3) of Title 68
20of the Pennsylvania Consolidated Statutes are amended to read:

21§ 3205. Contents of declaration; all condominiums.

1The declaration for a condominium must contain:

2* * *

3(12) If the declarant wishes to retain the special
4declarant right to cause section 3222 (relating to master
5associations) to become applicable to a condominium, then:

6(i) an explicit reservation of such right;

7(ii) a statement of the time limit, not exceeding
8seven years after the recordation of the declaration,
9upon which the option reserved under subparagraph (i)
10will lapse, together with a statement of any
11circumstances that will terminate the option before the
12expiration of the time limit[; and], the time limit shall 
13not exceed the later of:

14(A) ten years after the recording of the
15declaration; or

16(B) in the case of a preliminary plat calling 
17for the installation of improvements in sections, 120 
18days after municipal approval or denial of each 
19particular section's final plat which was filed prior 
20to the deadline approved or modified by the municipal 
21governing body pursuant to section 508(4)(v) of the 
22act of July 31, 1968 (P.L.805, No.247), known as the 
23Pennsylvania Municipalities Planning Code, or, in the 
24event of an appeal from the municipal approval or 
25denial of such final plat, 120 days after a final 
26judgment on appeal; and

27(iii) the information required to be included in the
28declaration by the provisions of section 3222.

29(13) If the declarant wishes to retain the special
30declarant right to merge or consolidate the condominium

1pursuant to section 3223 (relating to merger or consolidation
2of condominiums), then:

3(i) an explicit reservation of such right;

4(ii) a statement of the time limit, [not exceeding
5seven years after the recording of the declaration,] upon
6which any option reserved under subparagraph (i) will
7lapse, together with a statement of any circumstances
8that will terminate the option before the expiration of
9the time limit[;], the time limit shall not exceed the 
10later of:

11(A) ten years after the recording of the
12declaration; or

13(B) the case of a preliminary plat calling for
14the installation of improvements in sections, 120
15days after municipal approval or denial of each
16particular section's final plat which was filed prior
17to the deadline approved or modified by the municipal
18governing body pursuant to section 508(4)(v) of the
19Pennsylvania Municipalities Planning Code, or, in the
20event of an appeal from the municipal approval or
21denial of such final plat, 120 days after a final
22judgment on appeal;

23* * *

24§ 3206. Contents of declaration; flexible condominiums.

25The declaration for a flexible condominium shall include, in
26addition to the matters specified in section 3205 (relating to
27contents of declaration; all condominiums):

28* * *

29(2) A statement of the time limit, [not exceeding seven
30years 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 by 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 sections
163205(12) and (13) (relating to contents of declaration;
17all condominiums) and 3206(2) (relating to contents of
18declaration; flexible condominiums).

19* * *

<-20§ 3414. Declarant's obligation to complete and restore.

21* * *

22(c) Substantial completion prerequisite to conveyance.--A
23unit which is part of or constitutes a structure shall not be
24conveyed to a person other than a successor to any special 
25declarant rights unless all structural components and common
26element mechanical systems of the structure containing or
27constituting such unit or units are substantially completed to
28the extent required of declarant so as to permit the use of such
29unit or units and any limited common elements appurtenant
30thereto for their intended use. Such substantial completion

1shall be evidenced by a recorded certification of completion
2executed by an independent registered surveyor, architect or
3professional engineer with regard to any such structure.

4* * *

5§ 5205. Contents of declaration; all planned communities.

6The declaration for a planned community must contain:

7* * *

8(13) If the declarant wishes to retain the special
9declarant right to cause section 5222 (relating to master
10associations) to become applicable to a planned community,
11then:

12(i) an explicit reservation of such right;

13(ii) a statement of the time limit, [not exceeding
14seven years after the recording of the declaration,] upon
15which the option reserved under subparagraph (i) will
16lapse, together with and a statement of any circumstances
17that will terminate the option before the expiration of
18the time limit[; and], the time limit shall not exceed 
19the later of:

20(A) ten years after the recording of the
21declaration; or

22(B) In the case of a preliminary plat calling 
23for the installation of improvements in sections, 120 
24days after municipal approval or denial of each 
25particular section's final plat which was filed prior 
26to the deadline approved or modified by the municipal 
27governing body pursuant to section 508(4)(v) of the 
28act of July 31, 1968 (P.L.805, No.247), known as the 
29Pennsylvania Municipalities Planning Code, or, in the 
30event of an appeal from the municipal approval or
 

1denial of such final plat, 120 days after a final 
2judgment on appeal; and

3(iii) the information required to be included in the
4declaration by the provisions of section 5222.

5(14) If the declarant wishes to retain the special
6declarant right to merge or consolidate the planned community
7pursuant to section 5223 (relating to merger or consolidation
8of planned community), then all of the following:

9(i) An explicit reservation of such right.

10(ii) A statement of the time limit, [not exceeding
11seven years after the recording of the declaration,] upon
12which any option reserved under subparagraph (i) will
13lapse, together with a statement of any circumstances
14that will terminate the option before the expiration of
15the time limit[.], the time limit shall not exceed the 
16later of:

17(A) ten years after the recording of the
18declaration; or

19(B) in the case of a preliminary plat calling
20for the installation of improvements in sections, 120
21days after municipal approval or denial of each
22particular section's final plat which was filed prior
23to the deadline approved or modified by the municipal
24governing body pursuant to section 508(4)(v) of the
25Pennsylvania Municipalities Planning Code, or, in the
26event of an appeal from the municipal approval or
27denial of such final plat, 120 days after a final
28judgment on appeal.

29* * *

30§ 5206. Contents of declaration for flexible planned

1communities.

2The declaration for a flexible planned community shall
3include, in addition to the matters specified in section 5205
4(relating to contents of declaration; all planned communities),
5all of the following:

6* * *

7(2) A statement of the time limit, [not exceeding seven
8years after the recording of the declaration,] upon which any
9option reserved under paragraph (1) will lapse, together with
10a statement of circumstances that will terminate the option
11before the expiration of the time limit. The time limit shall 
12not exceed the later of:

13(i)  ten years after the recording of the
14declaration; or

15(ii) in the case of a preliminary plat calling for
16the installation of improvements in sections, 120 days
17after municipal approval or denial of each particular
18section's final plat which was filed prior to the
19deadline approved or modified by the municipal governing
20body pursuant to section 508(4)(v) of the act of July 31,
211968 (P.L.805, No.247), known as the Pennsylvania
22Municipalities Planning Code, or in the event of an
23appeal from the municipal approval or denial of such
24final plat, 120 days after a final judgment on appeal.

25* * *

26§ 5219. Amendment of declaration.

27(a) Number of votes required.--

28* * *

29(3) Paragraph (1) shall not apply to any of the
30following:

1(i) Amendments executed by a declarant under:

2(A) section 5210(e) or (f) (relating to plats
3and plans);

4(B) section 5211(a) (relating to conversion and
5expansion of flexible planned communities); or

6(C) section 5212(a) (relating to withdrawal of
7withdrawable real estate).

8(ii) Amendments executed by the association under:

9(A) subsection (f);

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

11(C) section 5207(d) (relating to leasehold
12planned communities);

13(D) section 5209 (relating to limited common
14elements); or

15(E) section 5215 (relating to subdivision or
16conversion of units).

17(iii) Amendments executed by certain unit owners
18under:

19(A) section 5209(b);

20(B) section 5214(a) (relating to relocation of
21boundaries between units);

22(C) section 5215; or

23(D) section 5220(b) (relating to termination of
24planned community).

25(iv) Amendments executed by a declarant which
26conform the maximum time limit for exercising declarant
27options to the time limit authorized by <-section sections
285205(13) and (14) (relating to contents of declaration;
29all planned communities) and 5206(2) (relating to
30contents of declaration for flexible planned

1communities).

2Section 2. This act shall apply as follows:

3(1) The amendment of <-68 Pa.C.S. §§ 3205(12) and (13), 
43206(2), 5205(13) and (14) and<- 5206(2) shall apply to all 
5condominiums and planned communities, respectively, created 
6by declarations recorded less than seven years prior to the 
7effective date of this act.

8(2) The amendment of the following provisions shall not
9affect any other provision of Title 68:

<-10(i) 68 Pa.C.S. § 3206(2).

11(ii) 68 Pa.C.S. § 3219(a).

12(iii) 68 Pa.C.S. § 5206(2).

13(iv) 68 Pa.C.S. § 5219(a)(3).

<-14(i) 68 Pa.C.S. § 3205(12) and (13).

15(ii) 68 Pa.C.S. § 3206(2).

16(iii) 68 Pa.C.S. § 3219(a).

17(iv) 68 Pa.C.S. § 5205(13) and (14).

18(v) 68 Pa.C.S. § 5206(2).

19(vi) 68 Pa.C.S. § 5219(a)(3).

20Section 3. This act shall take effect immediately.