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 
<-5(relating to rights of secured lenders)]

6(1) Except as otherwise provided in this subsection, the 
7declaration, including the plats and plans, may be amended
8only by vote or agreement of unit owners of units to which at
9least:

10(i) [67%] Sixty-seven percent of the votes in the
11association are allocated[, or];

12(ii) any larger majority the declaration specifies[.
13The declaration may specify]; or

14(iii) a smaller number [only] as specified in the 
15declaration if all of the units are restricted
16exclusively to nonresidential use.

17(2) Paragraph (1) <-is limited to subsection (d) and shall
18not apply to an approval required by:

19(i) subsection (d); or

20(ii) section 3221 (relating to rights of secured
21lenders).

22(3) Paragraph (1) shall not apply to any of the
23following:

24(i) Amendments executed by a declarant under:

25(A) section 3210(e) and (f) (relating to plats
26and plans);

27(B) section 3211(a) (relating to conversion and
28expansion of flexible condominiums); or

29(C) section 3212(a) (relating to withdrawal of
30withdrawable real estate).

1(ii) Amendments executed by the association under:

2(A) subsection (f);

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

4(C) section 3207(d) (relating to leasehold
5condominiums);

6(D) section 3209(c) (relating to limited common
7elements); or

8(E) 3215(a) (relating to subdivision or
9conversion of units).

10(iii) Amendments executed by certain unit owners
11under:

12(A) section 3209(b);

13(B) section 3214(a) (relating to relocation of
14boundaries between adjoining units);

15(C) section 3215(b) (relating to subdivision or
16conversion of units); or

17(D) section 3220(b) (relating to termination of
18condominium).

19(iv) Amendments executed by a declarant which
20conform the maximum time limit for exercising declarant
21options to the time limit authorized by section 3206(2)
22(relating to contents of declaration; flexible 
23condominiums).

24* * *

25§ 5206. Contents of declaration for flexible planned
26communities.

27The declaration for a flexible planned community shall
28include, in addition to the matters specified in section 5205
29(relating to contents of declaration; all planned communities),
30all of the following:

1* * *

2(2) A statement of the time limit, [not exceeding seven
3years after the recording of the declaration,] upon which any
4option reserved under paragraph (1) will lapse, together with
5a statement of circumstances that will terminate the option
6before the expiration of the time limit. The time limit shall 
7not exceed the later of:

8(i)  ten years after the recording of the
9declaration; or

10(ii) in the case of a preliminary plat calling for
11the installation of improvements in sections, 120 days
12after municipal approval or denial of each particular
13section's final plat which was filed prior to the
14deadline approved or modified by the municipal governing
15body pursuant to section 508(4)(v) of the act of July 31,
161968 (P.L.805, No.247), known as the Pennsylvania
17Municipalities Planning Code, or in the event of an
18appeal from the municipal approval or denial of such
19final plat, 120 days after a final judgment on appeal.

20* * *

21§ 5219. Amendment of declaration.

22(a) Number of votes required.--

23* * *

24(3) Paragraph (1) shall not apply to any of the
25following:

26(i) Amendments executed by a declarant under:

27(A) section 5210(e) or (f) (relating to plats
28and plans);

29(B) section 5211(a) (relating to conversion and
30expansion of flexible planned communities); or

1(C) section 5212(a) (relating to withdrawal of
2withdrawable real estate).

3(ii) Amendments executed by the association under:

4(A) subsection (f);

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

6(C) section 5207(d) (relating to leasehold
7planned communities);

8(D) section 5209 (relating to limited common
9elements); or

10(E) section 5215 (relating to subdivision or
11conversion of units).

12(iii) Amendments executed by certain unit owners
13under:

14(A) section 5209(b);

15(B) section 5214(a) (relating to relocation of
16boundaries between units);

17(C) section 5215; or

18(D) section 5220(b) (relating to termination of
19planned community).

20(iv) Amendments executed by a declarant which
21conform the maximum time limit for exercising declarant
22options to the time limit authorized by section 5206(2)
23(relating to contents of declaration for flexible planned
24communities).

25Section 2. The amendment of 68 Pa.C.S. §§ 3206(2) and
265206(2) shall apply to all condominiums and planned communities,
27respectively, created by declarations recorded less than seven
28years prior to the effective date of this section.

29Section 3. This act shall take effect immediately.