(a) Allocation.--Except for the limited common elements described in section 3202(2) and (4) (relating to unit boundaries), the declaration shall specify to which unit or units each limited common element is allocated. That allocation may not be altered without the consent of the unit owners whose units are affected.
(b) Reallocation.--Subject to any provisions of the declaration, a limited common element may be reallocated by a recorded assignment executed by the unit owners between or among whose units the reallocation is made, or by an amendment to the declaration executed by those unit owners. The persons executing the assignment or amendment to the declaration shall provide a copy thereof to the association.
(c) Common elements not previously allocated.--A common element not previously allocated as a limited common element may not be so allocated except pursuant to provisions in the declaration made in accordance with section 3205(7) (relating to contents of declaration; all condominiums). The declaration may provide that the allocations shall be made by deeds or assignments executed by the declarant or the association, or by amendments to the declaration.
Cross References. Section 3209 is referred to in sections 3205, 3211, 3219 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