HOUSE AMENDED
PRIOR PRINTER'S NO. 1862
PRINTER'S NO. 2066
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1282
Session of
2015
INTRODUCED BY WAGNER, BARTOLOTTA AND RESCHENTHALER, JUNE 2, 2016
AS REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 21, 2016
AN ACT
Amending Title 68 (Real and Personal Property) of the
Pennsylvania Consolidated Statutes, in creation, alteration
and termination of condominiums, further providing for
amendment of declaration; in creation, alteration and
termination of cooperatives, further providing for amendment
of declaration; and, in creation, alteration and termination
of planned communities, further providing for amendment of
declaration.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 3219(c), 4216(c) and 5219(c) of Title 68
of the Pennsylvania Consolidated Statutes are amended to read:
§ 3219. Amendment of declaration.
* * *
(c) Recording amendment.--The following shall apply:
(1) Every amendment to the declaration must be recorded
in every county in which any portion of the condominium is
located in the same records as are maintained for the
recording of deeds of real property and shall be indexed in
the name of the condominium in both the grantor and grantee
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
index. An amendment is effective only upon recordation. If a
county office requires the indexing of an amendment by
reference to each uniform parcel identifier number assigned
to the units within the condominium, the county office may
not require the payment of a charge, cost or fee to index the
amendment.
(2) EXCEPT FOR COUNTIES WHICH DO NOT MAINTAIN A UNIFORM
PARCEL IDENTIFIER NUMBER SYSTEM OF INDEXING, ALL COUNTIES
SHALL ASSIGN A MASTER PARCEL NUMBER TO EACH CONDOMINIUM, AND
EVERY AMENDMENT TO THE DECLARATION SHALL BE INDEXED AGAINST
THE MASTER PARCEL. IF REQUIRED BY THE COUNTY, AN AMENDMENT
MAY BE INDEXED AGAINST A PARCEL ASSIGNED TO EACH UNIT WITHIN
THE CONDOMINIUM, BUT NO FEES SHALL BE CHARGED TO EACH UNIT
UNLESS THE INDEXING AGAINST EACH PARCEL IS REQUESTED BY THE
DECLARANT OR ASSOCIATION.
(2) (3) The provisions of this subsection shall control
over any conflicting provisions in any other statute,
regulation or ordinance.
* * *
§ 4216. Amendment of declaration.
* * *
(c) Recording amendment.--The following shall apply:
(1) Every amendment to the declaration must be recorded
in every county in which any portion of the cooperative is
located in the same records as are maintained for the
recording of deeds of real property and is effective only
upon recordation. In cases where the amendment is executed by
the association, it shall be indexed in the name of the
cooperative and the association in both the grantor and the
grantee index. In cases where the amendment is executed by
20160SB1282PN2066 - 2 -
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
the declarant or one or more proprietary lessees, it shall be
indexed in the grantee's index in the name of the cooperative
and the association and in the grantor's index in the name of
the declarant or proprietary lessee or lessees, as well as in
the name of the association. If a county office requires the
indexing of an amendment by reference to each proprietary
lessee or the uniform parcel identifier number assigned to
the units within the cooperative, the county office may not
require the payment of a charge, cost or fee to index the
amendment.
(2) EXCEPT FOR COUNTIES WHICH DO NOT MAINTAIN A UNIFORM
PARCEL IDENTIFIER NUMBER SYSTEM OF INDEXING, ALL COUNTIES
SHALL ASSIGN A MASTER PARCEL NUMBER TO EACH COOPERATIVE, AND
EVERY AMENDMENT TO THE DECLARATION SHALL BE INDEXED AGAINST
THE MASTER PARCEL. IF REQUIRED BY THE COUNTY, AN AMENDMENT
MAY BE INDEXED AGAINST A PARCEL ASSIGNED TO EACH UNIT WITHIN
THE COOPERATIVE, BUT NO FEES SHALL BE CHARGED TO EACH UNIT
UNLESS THE INDEXING AGAINST EACH PARCEL IS REQUESTED BY THE
DECLARANT OR ASSOCIATION.
(2) (3) The provisions of this subsection shall control
over any conflicting provisions in any other statute,
regulation or ordinance.
* * *
§ 5219. Amendment of declaration.
* * *
(c) Recording amendment.--The following shall apply:
(1) Every amendment to the declaration must be recorded
in every county in which any portion of the planned community
is located in the same records as are maintained for the
recording of deeds of real property and shall be indexed in
20160SB1282PN2066 - 3 -
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
the name of the planned community in both the grantor and
grantee index. An amendment is effective only upon recording.
If a county office requires the indexing of an amendment by
reference to each uniform parcel identifier number assigned
to the units within the planned community, the county office
may not require the payment of a charge, cost or fee to index
the amendment. (2) EXCEPT FOR COUNTIES WHICH DO NOT MAINTAIN
A UNIFORM PARCEL IDENTIFIER NUMBER SYSTEM OF INDEXING, ALL
COUNTIES SHALL ASSIGN A MASTER PARCEL NUMBER TO EACH PLANNED
COMMUNITY, AND EVERY AMENDMENT TO THE DECLARATION SHALL BE
INDEXED AGAINST THE MASTER PARCEL. IF REQUIRED BY THE COUNTY,
AN AMENDMENT MAY BE INDEXED AGAINST A PARCEL ASSIGNED TO EACH
UNIT WITHIN THE PLANNED COMMUNITY, BUT NO FEES SHALL BE
CHARGED TO EACH UNIT UNLESS THE INDEXING AGAINST EACH PARCEL
IS REQUESTED BY THE DECLARANT OR ASSOCIATION.
(2) (3) The provisions of this subsection shall control
over any conflicting provisions in any other statute,
regulation or ordinance.
* * *
Section 2. This act shall take effect in 60 days.
20160SB1282PN2066 - 4 -
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20