(a) Recording lease and contents of declaration.--A lease the expiration or termination of which may terminate the planned community or reduce its size shall be recorded in the same county where the declaration is recorded under section 5201 (relating to creation of planned community). Every lessor of those leases shall execute the declaration, and the declaration shall state the following:
(1) The recording data for the lease.
(2) The date on which the lease is scheduled to expire.
(3) A legally sufficient description of the real estate subject to the lease.
(4) Any right of the unit owners to redeem the reversion and the manner whereby those rights may be exercised or a statement that they do not have those rights.
(5) Any right of the unit owners to remove any improvements after the expiration or termination of the lease or a statement that the unit owners do not have those rights.
(6) Any rights of the unit owners to renew the lease and the conditions of any renewal or a statement that the unit owners do not have those rights.
(b) Limitations on termination of leasehold interest.--After the declaration for a leasehold planned community is recorded, neither the lessor nor a successor in interest may terminate the leasehold interest of a unit owner who makes timely payment of the owner's share of the rent and otherwise complies with all covenants which, if violated, would entitle the lessor to terminate the lease. A unit owner's leasehold interest is not affected by failure of any other person to pay rent or fulfill any other covenant.
(c) Merger of leasehold and fee simple interests.--Acquisition of the leasehold interest of any unit owner by the owner of the reversion or remainder does not merge the leasehold and fee simple interests unless the leasehold interests of all unit owners subject to that reversion or remainder are acquired.
(d) Reallocation of interests if number of votes reduced.--If the expiration or termination of a lease decreases the number of units in a planned community, the allocated votes in the association and common expense liabilities shall be reallocated in accordance with section 5107 (relating to eminent domain) as though those units had been taken by eminent domain. Reallocations shall be confirmed by an amendment to the declaration prepared, executed and recorded by the association.
Cross References. Section 5207 is referred to in sections 5219, 5402 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 68 - REAL AND PERSONAL PROPERTY
Chapter 52 - Creation, Alteration and Termination of Planned Communities
Section 5201 - Creation of planned community
Section 5202 - Unit boundaries
Section 5203 - Construction and validity of declaration and bylaws
Section 5204 - Description of units
Section 5205 - Contents of declaration; all planned communities
Section 5206 - Contents of declaration for flexible planned communities
Section 5207 - Leasehold planned communities
Section 5208 - Allocation of votes and common expense liabilities
Section 5209 - Limited common elements
Section 5210 - Plats and plans
Section 5211 - Conversion and expansion of flexible planned communities
Section 5212 - Withdrawal of withdrawable real estate
Section 5213 - Alteration of units
Section 5214 - Relocation of boundaries between units
Section 5215 - Subdivision or conversion of units
Section 5216 - Easement for encroachments
Section 5217 - Declarant offices, models and signs
Section 5218 - Easement to facilitate completion, conversion and expansion
Section 5219 - Amendment of declaration
Section 5220 - Termination of planned community
Section 5221 - Rights of secured lenders