(a) General rule.--A cooperative may be created pursuant to this subpart only by either of the following:
(1) Recording a declaration executed in the same manner as a deed and subsequently recording an instrument that conveys or leases to the association the real estate that is to be included in the cooperative, which conveyance or lease is subject to the declaration.
(2) Recording an instrument conveying or leasing to the association the real estate to be included in the cooperative, which instrument also includes all provisions required to be in a declaration by section 4205 (relating to contents of declaration) and which instrument shall then be deemed to be a declaration for all purposes of this subpart.
(b) Execution of instrument.--The instrument by which the conveyance or lease to the association of the real estate to be in the cooperative is to be effected shall be executed and acknowledged by the association as well as by all persons having an interest in the real estate to be included in the cooperative and whose interest is being conveyed to or subjected to a lease in favor of the association.
(c) Recording instruments.--The declaration and any separate instrument of conveyance or lease of the real estate to the association must be recorded in every county in which any portion of the cooperative is located and must be indexed in the grantee's index in the name of the cooperative and the association and in the grantor's index in the name of every person executing the declaration and such separate instrument.
Cross References. Section 4201 is referred to in sections 4102, 4301 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 68 - REAL AND PERSONAL PROPERTY
Chapter 42 - Creation, Alteration and Termination of Cooperatives
Section 4201 - Creation of cooperative ownership
Section 4202 - Unit boundaries
Section 4203 - Construction and validity of declaration and bylaws
Section 4204 - Description of units
Section 4205 - Contents of declaration
Section 4206 - Leasehold cooperatives
Section 4207 - Allocation of ownership interests, votes and common expense liabilities
Section 4208 - Limited common elements
Section 4209 - Exercise of development rights
Section 4210 - Alterations of units
Section 4211 - Relocation of boundaries between adjoining units
Section 4212 - Subdivision of units
Section 4213 - Easement for encroachments
Section 4214 - Declarant's office, models and signs
Section 4215 - Easement rights
Section 4216 - Amendment of declaration
Section 4217 - Termination of cooperative ownership
Section 4218 - Rights of secured lenders and secured creditors
Section 4219 - Master associations
Section 4220 - Merger or consolidation of cooperatives
Section 4221 - Method for transferring a cooperative interest