(a) General rule.--If the declaration expressly so permits, a unit may be subdivided into two or more units or, in the case of a unit owned by a declarant, may be subdivided or converted into two or more units, common elements, or a combination of units and common elements. Subject to the provisions of the declaration and other provisions of law, upon application of a unit owner to subdivide a unit or upon application of a declarant to convert a unit the association shall prepare, execute and record an amendment to the declaration, including the plats and plans, subdividing or converting that unit.
(b) Execution and contents of amendment.--The amendment to the declaration must be executed by the owner of the unit to be subdivided, assign an identifying number to each unit created and reallocate the common element interest, votes in the association and common expense liability formerly allocated to the subdivided unit to the new units in any reasonable manner prescribed by the owner of the subdivided unit.
(c) Conversion of unit of declarant to common elements.--In the case of a unit owned by a declarant, if a declarant converts all of a unit to common elements, the amendment to the declaration must reallocate among the other units the common element interest, votes in the association and common expense liability formerly allocated to the converted unit on a pro rata basis, inter se.
(Dec. 18, 1992, P.L.1279, No.168, eff. 45 days)
Cross References. Section 3215 is referred to in sections 3103, 3205, 3208, 3210, 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