PRINTER'S NO. 2631

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1892

Session of

2019

INTRODUCED BY BROWN, HELM, CIRESI, CALTAGIRONE, MILLARD,

BERNSTINE, GAYDOS, LAWRENCE, DeLUCA, ROTHMAN, RADER, HEFFLEY

AND ISAACSON, SEPTEMBER 30, 2019

creation, alteration and termination of condominiums, further

providing for creation of condominium; in general provisions

regarding cooperatives, further providing for applicability

of local ordinances, regulations and building codes; in

creation, alteration and termination of cooperatives, further

providing for creation of cooperative ownership; in general

provisions regarding planned communities, further providing

for applicability of local ordinances, regulations and

building codes; and, in creation, alteration and termination

of planned communities, further providing for creation of

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(a.1) Annual report.--Consistent with the requirements under

section 207(a) of the act of July 31, 1968 (P.L.805, No.247),

known as the Pennsylvania Municipalities Planning Code, a

planning agency of the county in which any portion of a

condominium is located shall prepare annually and maintain a

report identifying each condominium created and located within

the municipality by the condominium's name and physical location

and shall include:

recreation facilities and roadways.

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Section 2. Sections 3201 and 4106 of Title 68 are amended to

read:

§ 3201. Creation of condominium.

A condominium may be created pursuant to this subpart only by

recording a declaration executed, in the same manner as a deed,

by all persons whose interests in the real estate will be

conveyed to unit owners and by every lessor of a lease the

expiration or termination of which will terminate the

case said declaration shall be executed by the lessee then in

possession of the subject property. The declaration shall be

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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 against

each declarant as the grantor and the name of the condominium as

the grantee. Upon the recording of the declaration, the

declarant shall submit to the planning agency of each county in

roadways.

§ 4106. Applicability of local ordinances, regulations and

(a) General rule.--A zoning, subdivision, building code or

other real estate tax or use law, ordinance or regulation may

not prohibit the cooperative form of ownership or impose any

requirement upon a cooperative which it would not impose upon a

physically identical development under a different form of

ownership. Otherwise, no provision of this subpart invalidates

or modifies any provision of any zoning, subdivision, building

planning agency of the county in which any portion of a

cooperative is located shall prepare annually and maintain a

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report identifying each cooperative created and located within

the municipality by the cooperative's name and physical location

and shall include:

cooperative; and

§ 4201. Creation of cooperative ownership.

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(a.1) Required disclosure.--Upon recording of the

declaration or any separate instrument under subsection (a), the

declarant or party recording the instrument shall submit to the

planning agency of each county in which the declaration or

instrument is recorded a statement identifying, by name,

physical location and municipality, the cooperative created,

including the total land area and number of units as well as the

infrastructure of such cooperative, including, but not limited

(a.1) Consistent with the requirements under section 207(a)

of the act of July 31, 1968 (P.L.805, No.247), known as the

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Pennsylvania Municipalities Planning Code, a planning agency of

the county in which any portion of a planned community is

located shall prepare annually and maintain a report identifying

each planned community created and located within the

municipality by the community's name and physical location and

shall include:

recreation facilities and roadways.

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Section 4. Section 5201 of Title 68 is amended to read:

§ 5201. Creation of planned community.

A planned community may be created pursuant to this subpart

only by recording a declaration executed in the same manner as a

deed by all persons whose interests in the real estate will be

conveyed to unit owners and by every lessor of a lease, the

expiration or termination of which will terminate the planned

community or reduce its size. If the lessor is the Commonwealth,

portion of the planned community is located, must be indexed in

the same records as are notarized for the recording of a deed

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and shall identify each declarant as the grantor and the name of

the planned community as grantee. Upon the recording of the

declaration, the declarant shall submit to the planning agency

of each county in which the declaration is recorded a statement

identifying, by name, physical location and municipality, the

planned community created, including the total land area and

Section 5. This act shall take effect in 60 days.

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