(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 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, must assign an identifying number to each unit created and must reallocate the allocated 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 unit owners votes in the association and common expense liability formerly allocated to the converted unit on a pro rata basis, inter se.
Cross References. Section 5215 is referred to in sections 5102, 5205, 5208, 5210, 5219, 5316 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