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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
REFERRED TO COMMITTEE ON URBAN AFFAIRS, SEPTEMBER 30, 2019
AN ACT
Amending Title 68 (Real and Personal Property) of the
Pennsylvania Consolidated Statutes, in general provisions
regarding condominiums, further providing for applicability
of local ordinances, regulations and building codes; in
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
planned community.
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 by adding a subsection to read:
§ 3106. Applicability of local ordinances, regulations and
building codes.
* * *
(a.1) Annual report.--Consistent with the requirements under
section 207(a) of the act of July 31, 1968 (P.L.805, No.247),
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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:
(1) the total land area and number of units of the
condominium; and
(2) to the extent reasonably available within the county
government, the infrastructure of each condominium,
including, but not limited to, information concerning the
presence of sanitary sewer, water and storm water systems,
recreation facilities and roadways.
* * *
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
condominium or reduce its size, provided, however, in any such
lease wherein the lessor is the Commonwealth of Pennsylvania, a
municipal government or any agency thereof, said lessor need not
execute the declaration if they shall have previously given
written consent to its filing and agreed to be bound by the
provisions of the Pennsylvania Uniform Condominium Act, in which
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
which the declaration is recorded a statement identifying, by
name, physical location and municipality, the condominium
created, including the total land area and number of units as
well as the infrastructure of the condominium, including, but
not limited to, information concerning the presence of sanitary
sewer, water and storm water systems, recreation facilities and
roadways.
§ 4106. Applicability of local ordinances, regulations and
building codes.
(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
code or other real estate tax or use law, ordinance or
regulation except as is otherwise provided in section 4321(f)
(relating to limited equity cooperatives).
(b) 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
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:
(1) the total land area and number of units of the
cooperative; and
(2) to the extent reasonably available within the county
government, the infrastructure of each cooperative,
including, but not limited to, information concerning the
presence of sanitary sewer, water and storm water systems,
recreation facilities and roadways.
Section 3. Sections 4201 and 5106 of Title 68 are amended by
adding subsections to read:
§ 4201. Creation of cooperative ownership.
* * *
(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
to, information concerning the presence of sanitary sewer, water
and storm water systems, recreation facilities and roadways.
* * *
§ 5106. Applicability of local ordinances, regulations and
building codes.
* * *
(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:
(1) the total land area and number of units of the
planned community; and
(2) to the extent reasonably available within county
government, the infrastructure of each planned community,
including, but not limited to, information concerning the
presence of sanitary sewer, water and storm water systems,
recreation facilities and roadways.
* * *
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,
a municipal government or any agency of either, the lessor need
not execute the declaration if it has previously given written
notice of its filing and agreed to be bound by the provisions of
this subpart, in which case the declaration shall be executed by
the lessee in possession of the subject property. The
declaration must be recorded in every county in which any
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
number of units as well as the infrastructure of such planned
community, including, but not limited to, information concerning
the presence of sanitary sewer, water and storm water systems,
recreation facilities and roadways.
Section 5. This act shall take effect in 60 days.
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