(a) General rule.--To convert convertible real estate or add additional real estate pursuant to an option reserved under section 3206(1) (relating to contents of declaration; flexible condominiums), the declarant shall prepare, execute and record an amendment to the declaration (section 3219) and comply with section 3210 (relating to plats and plans). The declarant is the unit owner of any units thereby created. The amendment to the declaration must assign an identifying number to each unit formed in the convertible or additional real estate and reallocate common element interests, votes in the association and common expense liabilities. The amendment must describe or delineate any limited common elements formed out of the convertible or additional real estate, showing or designating the unit to which each is allocated to the extent required by section 3209 (relating to limited common elements).
(b) Creations within additional real estate.--Convertible or withdrawable real estate may be created within any additional real estate added to the condominium if the amendment adding that real estate includes all matters required by section 3205 (relating to contents of declaration; all condominiums) or section 3206 (relating to contents of declaration; flexible condominiums), as the case may be, and the plat includes all matters required by section 3210(b) (relating to plats and plans). This provision does not extend the time limit on conversion or contraction of a flexible condominium imposed by the declaration pursuant to section 3206(2).
(c) Liability for expenses and right to income.--Until conversion occurs or the period during which conversion may occur expires, whichever occurs first, the declarant alone is liable for real estate taxes assessed against convertible real estate and all other expenses in connection with that real estate. No other unit owner and no other portion of the condominium is subject to a claim for payment of those taxes or expenses. Unless the declaration provides otherwise, any income or proceeds from convertible real estate inures to the declarant.
(Dec. 18, 1992, P.L.1279, No.168, eff. 45 days)
Cross References. Section 3211 is referred to in sections 3103, 3208, 3210, 3219, 3302, 3414 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