(a) General rule.--In order to effectuate the transfer of a cooperative interest, the transferor, the transferee and the association shall execute an instrument which may be recorded in the same manner as a lease and which must include the following:
(1) The names of the transferor and transferee.
(2) A description of the unit that is the subject of the proprietary lease included in such cooperative interest, which description shall contain the items required by section 4204 (relating to description of units).
(3) Language evidencing an intent to transfer the cooperative interest, which may include:
(i) An assignment by the transferor, by endorsement or otherwise, of the instrument, if any, used to evidence the ownership of the cooperative interest, including, but not limited to, a stock or membership certificate.
(ii) The transfer of the cooperative interest on the books of the association.
(iii) An assignment of the transferor's interest in the proprietary lease that is part of the cooperative interest being disposed of.
(4) Joinder by the association for the purpose of:
(i) Acknowledging such transfer on the books of the association.
(ii) Stating the amount, if any, of any unpaid common expense or special assessment currently due and payable from the transferor.
(iii) Stating whether or not such transfer violates any rights of the association restricting the alienation of the cooperative interest or restricting the amount for which the cooperative interest may be sold or restricting the amount that may be received by the transferor upon such sale.
(b) Rights and liabilities of transferee.--The transferee shall not be liable for any unpaid assessment or fee greater than the amount set forth in the instrument nor shall the transferee be bound by any restriction in favor of the association which is violated as a result of the transfer but which is not stated as having been violated in the instrument.
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