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PRINTER'S NO. 674
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
688
Session of
2015
INTRODUCED BY BROWNE AND SCAVELLO, MARCH 31, 2015
REFERRED TO URBAN AFFAIRS AND HOUSING, MARCH 31, 2015
AN ACT
Amending Title 68 (Real and Personal Property) of the
Pennsylvania Consolidated Statutes, in general provisions for
condominiums, further providing for applicability of local
ordinances, regulations and building codes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3106 of Title 68 of the Pennsylvania
Consolidated Statutes is amended to read:
ยง 3106. Applicability of local ordinances, regulations and
building codes.
(a) General rule.--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]
(b) Current law unaffected.--Except as provided in
subsection (a), no provision of this subpart invalidates or
modifies any provision of any zoning, subdivision, land
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development, building code or other real estate use law,
ordinance or regulation.[Without limiting the other provisions
of this section, the]
(c) Status.--The creation of a condominium pursuant to
section 3201 (relating to creation of condominium) out of an
entire lot, parcel or tract of real estate which has previously
received approval for land development or subdivision, as those
terms are defined in section 107 of the act of July 31, 1968
(P.L.805, No.247), known as the Pennsylvania Municipalities
Planning Code, or the conveyance of units in the condominium,
shall not, in and of itself, constitute a subdivision or land
development, for the purposes of [these] subdivision, land
development or other laws, ordinances and regulations.
(d) Compliance with zoning regulations.--
(1) Use of the condominium shall comply with zoning
regulations applicable to the parcel of land or tract of real
estate on which the condominium is created.
(2) Any person creating a condominium out of a vacant
parcel or tract of real estate which has not been subject to
subdivision or land development approval shall submit a copy
of the condominium declaration and condominium plan to all
municipalities in which the parcel or tract of real estate is
located, unless the creation of the condominium is for an
estate planning purpose of conveying units to family members
or an entity controlled by family members so that the
conveyance would not be subject to realty transfer taxes
pursuant to Article XI-C of the act of March 4, 1971 (P.L.6,
No.2), known as the Tax Reform Code of 1971.
(3) Construction of any structure or building on any
unit or common facility shall be subject to the provisions of
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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.
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