(a) General rule.--To convert convertible real estate or add additional real estate pursuant to an option reserved under section 5206 (relating to contents of declaration for flexible planned communities), the declarant shall prepare, execute and record an amendment to the declaration under section 5219 (relating to amendment of declaration) and comply with section 5210 (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 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 5209 (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 planned community if the amendment adding that real estate includes all matters required by section 5205 (relating to contents of declaration; all planned communities) or 5206, as the case may be, and the plat includes all matters required by section 5210. This subsection does not extend the time limit on conversion or contraction of a flexible planned community imposed by the declaration under section 5206.
(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 planned community 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 inure to the declarant.
Cross References. Section 5211 is referred to in sections 5102, 5103, 5205, 5208, 5210, 5219, 5302, 5316, 5414 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