(a) Recording lease and contents of declaration.--Any lease the expiration or termination of which may terminate the condominium or reduce its size shall be recorded and the declaration shall state:
(1) The recording data for the lease.
(2) The date on which the lease is scheduled to expire.
(3) A legally sufficient description of the real estate subject to the lease.
(4) Any right of the unit owners to redeem the reversion and the manner whereby those rights may be exercised, or a statement that they do not have those rights.
(5) Any right of the unit owners to remove any improvements within a reasonable time after the expiration or termination of the lease, or a statement that they do not have those rights.
(6) Any rights of the unit owners to renew the lease and the conditions of any renewal, or a statement that they do not have those rights.
(b) Limitation on termination of leasehold interest.--After the declaration for a leasehold condominium is recorded, neither the lessor nor his successor in interest may terminate the leasehold interest of a unit owner who makes timely payment of his share of the rent and otherwise complies with all covenants which, if violated, would entitle the lessor to terminate the lease. A unit owner's leasehold interest is not affected by failure of any other person to pay rent or fulfill any other covenant.
(c) Merger of leasehold and fee simple interests.--Acquisition of the leasehold interest of any unit owner by the owner of the reversion or remainder does not merge the leasehold and fee simple interests unless the leasehold interests of all unit owners subject to that reversion or remainder are acquired.
(d) Reallocation of interests if number of units reduced.--If the expiration or termination of a lease decreases the number of units in a condominium, the common element interests, votes in the association and common expense liabilities shall be reallocated in accordance with section 3107 (relating to eminent domain) as though those units had been taken by eminent domain. Reallocations shall be confirmed by an amendment to the declaration prepared, executed and recorded by the association.
Cross References. Section 3207 is referred to in sections 3219, 3402 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 68 - REAL AND PERSONAL PROPERTY
Chapter 32 - Creation, Alteration and Termination of Condominiums
Section 3201 - Creation of condominium
Section 3202 - Unit boundaries
Section 3203 - Construction and validity of declaration and bylaws
Section 3204 - Description of units
Section 3205 - Contents of declaration; all condominiums
Section 3206 - Contents of declaration; flexible condominiums
Section 3207 - Leasehold condominiums
Section 3208 - Allocation of common element interests, votes and common expense liabilities
Section 3209 - Limited common elements
Section 3210 - Plats and plans
Section 3211 - Conversion and expansion of flexible condominiums
Section 3212 - Withdrawal of withdrawable real estate
Section 3213 - Alterations of units
Section 3214 - Relocation of boundaries between adjoining units
Section 3215 - Subdivision or conversion of units
Section 3216 - Easement for encroachments
Section 3217 - Declarant's offices, models and signs
Section 3218 - Easement to facilitate completion, conversion and expansion
Section 3219 - Amendment of declaration
Section 3220 - Termination of condominium
Section 3221 - Rights of secured lenders