reglab/housing_qa huggingface dataset:
68 PA Cons Stat § 4323 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 43 - Management of Cooperatives|Section 4323 - Complaints filed with Bureau of Consumer Protection

§ 4323. Complaints filed with Bureau of Consumer Protection. (a) General rule.--A proprietary lessee in good standing may file a complaint with the Bureau of Consumer Protection in the Office of Attorney General in the event of a violation by the declarant or the association of sections 4308 (relating to meetings), 4309 (relating to quorums), 4310 (relating to voting; proxies) and 4317 (relating to association records).  (b) Condition.--If an alternative dispute resolution procedure is available to the proprietary lessee under the association's declaration, bylaws, rules or regulations, a complaint may not be filed by a proprietary lessee with the Bureau of Consumer Protection until the earlier of:  (1) the proprietary lessee exhausting the alternative dispute resolution procedure without a resolution between the proprietary lessee and the association; or  (2) at least 100 days have passed since the proprietary lessee commenced the alternative dispute resolution procedure and the proprietary lessee and association having not reached a resolution.  (c) Immediate filing.--A complaint may be filed by a proprietary lessee with the Bureau of Consumer Protection immediately if:  (1) an alternative dispute resolution procedure is not available to the proprietary lessee under the association's declaration, bylaws, rules or regulations; or  (2) the association refuses alternative dispute resolution under section 4322(b)(2) (relating to alternative dispute resolution in cooperatives).  (d) Construction.--Nothing in this section shall be construed to affect or impair the right of a proprietary lessee, declarant or association to pursue a private cause of action or seek other relief, as authorized by law.  (May 4, 2018, P.L.96, No.17, eff. 60 days)   2018 Amendment. Act 17 added section 4323.
68 PA Cons Stat § 4402 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 44 - Protection of Cooperative Interest Purchasers|Section 4402 - Public offering statement; requirements

§ 4402. Public offering statement; requirements.   (a) General rule.--Except as provided in subsection (b), a declarant, prior to the offering of any cooperative interest to the public, shall prepare a public offering statement conforming to the requirements of sections 4403 (relating to public offering statement; general provisions), 4404 (relating to public offering statement; cooperatives subject to development rights), 4405 (relating to public offering statement; time shares) and 4406 (relating to public offering statement; cooperatives containing conversion buildings).  (b) Transfer of declarant responsibility.--A declarant may transfer responsibility for preparation of all or a part of the public offering statement to a successor declarant (section 4304) or to a person in the business of selling cooperative interests who intends to offer cooperative interests in the cooperative for his own account. In the event of any such transfer, the transferor shall provide the transferee with any information necessary to enable the transferee to fulfill the requirements of subsection (a).  (c) Offering cooperative interest for own account.--Any declarant or successor declarant or other person in the business of selling cooperative interests who offers a cooperative interest for his own account to a purchaser shall deliver a public offering statement in the manner prescribed in section 4408(a) (relating to purchaser's right to cancel). The person who prepared all or a part of the public offering statement is liable under sections 4408 and 4415 (relating to effect of violations on rights of action) for any false or misleading statement and for any omission of any material fact with respect to that portion of the public offering statement which he prepared. If a person did not prepare a part of a public offering statement that he delivers, he is not liable for any false or misleading statement set forth in that part or for any omission of material fact from that part unless he had actual knowledge of the statement or omission or, in the exercise of reasonable care, should have known of the statement or omission.    Cross References. Section 4402 is referred to in sections 4102, 4408, 4410, 4411, 4413 of this title.
68 PA Cons Stat § 4406 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 44 - Protection of Cooperative Interest Purchasers|Section 4406 - Public offering statement; cooperatives containing conversion buildings

§ 4406. Public offering statement; cooperatives containing conversion buildings.   (a) General rule.--The public offering statement of a cooperative containing any conversion building must contain, in addition to the information required by section 4403 (relating to public offering statement; general provisions): (1) A statement by the declarant, based on a report prepared by an independent registered architect or professional engineer, describing: (i) The age, present visible condition and, if known or ascertainable, the dates of construction, installation and major repairs of all structural components and mechanical and electrical installations, including, but not limited to, roofs, plumbing, heating, air conditioning and elevators material to the use and enjoyment of the cooperative. (ii) The results of the inspection of the units and common elements required pursuant to section 4414(c) (relating to implied warranty against structural defects) for visible conditions that adversely affect the health or safety of the residential occupants. (iii) The extent to which the report by the architect or professional engineer is based upon a visual inspection of the units as well as the common elements. (2) A statement by the declarant of the expected useful life of each item reported on in paragraph (1), including the current replacement cost of such item. (3) A list of any outstanding notices of uncured violations of building code or other municipal regulations, together with the estimated cost of curing those violations. (4) A statement by the declarant, based on a report prepared by an independent licensed exterminating company, describing the presence in the conversion building of, if any, visible pest conditions dangerous to health and safety, such as the presence of insects and rodents dangerous to health or safety, and outlining actions taken or to be taken to eliminate the existence of pest conditions dangerous to health or safety.  (b) Applicability of section.--This section applies only to units that are intended for residential use at the time of sale by the declarant of the cooperative interest of which the unit is a part.    Cross References. Section 4406 is referred to in sections 4102, 4401, 4402, 4414 of this title.
68 PA Cons Stat § 4407 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 44 - Protection of Cooperative Interest Purchasers|Section 4407 - Public offering statement; cooperative securities

§ 4407. Public offering statement; cooperative securities.  If a cooperative interest is registered with the Securities and Exchange Commission of the United States at the time an offer of such cooperative interest is made, a declarant satisfies all requirements relating to the preparation of a public offering statement required by this subpart if he delivers to the purchaser a copy of the public offering statement or other disclosure statement filed with the Securities and Exchange Commission. An interest in a cooperative is not, in and of itself, a security under the act of December 5, 1972 (P.L.1280, No.284), known as the Pennsylvania Securities Act of 1972, and the offer and sale of cooperative interests in accordance with the requirements of this chapter shall not also be subject to the registration requirements of section 201 or 301 of the Pennsylvania Securities Act of 1972 or the promotional real estate sales requirements of the act of February 19, 1980 (P.L.15, No.9), known as the Real Estate Licensing and Registration Act.    Cross References. Section 4407 is referred to in section 4102 of this title.
68 PA Cons Stat § 4410 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 44 - Protection of Cooperative Interest Purchasers|Section 4410 - Escrow of deposits

§ 4410. Escrow of deposits.  Any deposit, which shall not include any installment payment under an installment sales contract, made in connection with the purchase or reservation of a cooperative interest from a person required to deliver a public offering statement pursuant to section 4402(c) (relating to public offering statement; requirements) shall be placed in escrow and held in this Commonwealth by a licensed real estate broker, an attorney admitted to practice in this Commonwealth, a financial institution or a licensed title insurance company, in an account or in the form of a certificate of deposit, designated solely for that purpose with a financial institution whose accounts are insured by a governmental agency or instrumentality until: (1) delivered to the declarant at closing or, in the case of the sale of a cooperative interest pursuant to an installment sales contract, upon the expiration of 30 days from the date of occupancy of the unit constituting a part of the cooperative interest; (2) delivered to the declarant because of purchaser's default under a contract to purchase the cooperative interest; or (3) refunded to the purchaser.
68 PA Cons Stat § 4411 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 44 - Protection of Cooperative Interest Purchasers|Section 4411 - Release of liens

§ 4411. Release of liens. (a) Sale of cooperative interest.--In the case of a sale of a cooperative interest where delivery of a public offering statement is required pursuant to section 4402(c) (relating to public offering statement; requirements), a seller shall, before conveying a cooperative interest, record or furnish to the purchaser releases of all liens affecting that cooperative interest and underlying real estate, unless the public offering statement discloses the amount of the real estate encumbered by and the effect of a default under a lien not being released or unless the purchaser expressly agrees to take subject to or assume liens not being released.  (b) Conveyance to association.--Before conveying real estate to the association, the declarant shall have that real estate released from liens, including, without limitation, real estate taxes, on that real estate unless the public offering statement discloses the amount of the real estate encumbered by and the effect of a default under a lien not being released.  (Oct. 19, 2018, P.L.551, No.84, eff. 60 days)   2018 Amendment. Act 84 amended subsec. (b).
68 PA Cons Stat § 4413 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 44 - Protection of Cooperative Interest Purchasers|Section 4413 - Express warranties of quality

§ 4413. Express warranties of quality.   (a) General rule.--Express warranties made by any seller to a purchaser of a cooperative interest, if made or incorporated by reference in the public offering statement, if the seller is required to deliver a public offering statement under section 4402(c) (relating to public offering statement; requirements), or in a written statement or document signed by the seller and relied upon by the purchaser, are created as follows: (1) Any affirmation of fact or promise which relates to the unit, its use, or rights appurtenant thereto, or improvements to the cooperative that would directly benefit the unit, or the right to use or have the benefit of facilities not located in the cooperative, creates an express warranty that the unit and related rights and uses will conform to the affirmation or promise. (2) Any model or description of the physical characteristics of the cooperative, including plans and specifications of or for improvements, if incorporated by reference in a public offering statement or other written statement or document signed by the seller and relied upon by the buyer in accordance with this subsection creates an express warranty that the cooperative will conform substantially to the model or description. (3) Any description of the quantity or extent of the real estate comprising the cooperative if incorporated by reference in a public offering statement or other written statement or document signed by the seller and relied upon by the buyer in accordance with this subsection, including, but not limited to, plats or surveys, creates an express warranty that the cooperative will conform to the description, subject to customary tolerances. (4) A provision that a buyer of a cooperative interest may put a unit which is part of that cooperative interest only to a specified use is an express warranty that the specified use is lawful.  (b) Formal words unnecessary.--Neither formal words, such as "warranty" or "guarantee," nor a specific intention to make a warranty are necessary to create an express warranty of quality, but a statement purporting to be merely an opinion or commendation of the real estate or its value does not create a warranty.  (c) Transfer of warranty.--Any conveyance of a cooperative interest transfers to the purchaser all express warranties of quality made by previous sellers.  (d) Limitation of actions.--No action to enforce the warranty created by this section shall be commenced later than six years after the date of the writing which creates the warranty under subsection (a).
68 PA Cons Stat § 4415 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 44 - Protection of Cooperative Interest Purchasers|Section 4415 - Effect of violations on rights of action

§ 4415. Effect of violations on rights of action.  If a declarant or any other person subject to this subpart fails to comply with any provision of this subpart or any provision of the declaration or bylaws, any person or class of persons adversely affected by the failure to comply has a claim for appropriate relief. Punitive damages may be awarded for a willful failure to comply with this subpart. The court, in an appropriate case, may award reasonable attorney fees.    Cross References. Section 4415 is referred to in sections 4102, 4402 of this title.
68 PA Cons Stat § 4416 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 44 - Protection of Cooperative Interest Purchasers|Section 4416 - Labeling of promotional material

§ 4416. Labeling of promotional material.  No promotional material may be displayed or delivered to prospective purchasers which describes or portrays improvements that are not in existence unless the description or portrayal of the improvement in the promotional material is conspicuously labeled or identified as "MUST BE BUILT" or "NEED NOT BE BUILT."
68 PA Cons Stat § 4417 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 44 - Protection of Cooperative Interest Purchasers|Section 4417 - Declarant's obligation to complete and restore

§ 4417. Declarant's obligation to complete and restore.   (a) Completion.--The declarant shall complete all improvements depicted on any site plan or other graphic representation included in the public offering statement or in any promotional material distributed by or for the declarant unless that improvement is labeled "NEED NOT BE BUILT."  (b) Repair and restoration.--The declarant is subject to liability for the prompt repair and restoration to a condition compatible with the remainder of the cooperative of any portion of the cooperative affected by his exercise of rights reserved pursuant to or created by sections 4209 (relating to exercise of development rights), 4210 (relating to alteration of units), 4211 (relating to relocation of boundaries between adjoining units), 4212 (relating to subdivision of units), 4214 (relating to declarant's office, models and signs) and 4215 (relating to easement rights).    Cross References. Section 4417 is referred to in section 4403 of this title.
68 PA Cons Stat § 4418 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 44 - Protection of Cooperative Interest Purchasers|Section 4418 - Substantial completion of unit

§ 4418. Substantial completion of unit.   (a) General rule.--In the case of a sale of a cooperative interest where delivery of a public offering statement is required, a contract of sale may be executed, but no interest in that cooperative interest may be conveyed until the declaration is recorded and unless all structural components and common element mechanical systems of the structure containing or constituting such unit or units and the common elements appurtenant thereto are substantially completed in accordance with the descriptions set forth in both the declaration pursuant to section 4205 (relating to contents of declaration) and in the public offering statement pursuant to section 4403 (relating to public offering statement; general provisions). Such substantial completion shall be evidenced by a recorded certification of completion executed by an independent registered surveyor, architect or professional engineer with regard to any such structure.  (b) Sale prior to completion of unit.--Nothing contained in this subpart shall prevent the offering for sale of a cooperative interest or the execution of any agreement to sell and purchase a cooperative interest or any interest in a cooperative interest, as opposed to actual conveyance, prior to the completion of the unit or any other portion of the cooperative.
68 PA Cons Stat § 5101 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 51 - General Provisions|Section 5101 - Short title of subpart

§ 5101. Short title of subpart. This subpart shall be known and may be cited as the Uniform Planned Community Act.
68 PA Cons Stat § 5104 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 51 - General Provisions|Section 5104 - Variation by agreement

§ 5104. Variation by agreement.  Except as expressly provided in this subpart, provisions of this subpart may not be varied by agreement, and rights conferred by this subpart may not be waived. A declarant may not act under a power of attorney or use any other device to evade the limitations or prohibitions of this subpart or the declaration.    Cross References. Section 5104 is referred to in section 5102 of this title.
68 PA Cons Stat § 5108 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 51 - General Provisions|Section 5108 - Supplemental general principles of law applicable

§ 5108. Supplemental general principles of law applicable.  The principles of law and equity, including the law of corporations and unincorporated associations, the law of real property and the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coercion, mistake, receivership, substantial performance, or other validating or invalidating cause supplement the provisions of this subpart, except to the extent inconsistent with this subpart.    Cross References. Section 5108 is referred to in section 5102 of this title.
68 PA Cons Stat § 5109 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 51 - General Provisions|Section 5109 - Construction against implicit repeal

§ 5109. Construction against implicit repeal.  Because this subpart is a general act intended as a unified coverage of its subject matter, no part of it shall be construed to be implicitly repealed by subsequent legislation if that construction can reasonably be avoided.    Cross References. Section 5109 is referred to in section 5102 of this title.
68 PA Cons Stat § 5110 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 51 - General Provisions|Section 5110 - Uniformity of application and construction

§ 5110. Uniformity of application and construction.  This subpart shall be applied and construed so as to effectuate its general purpose to make uniform the law with respect to the subject of this subpart among states enacting it.    Cross References. Section 5110 is referred to in section 5102 of this title.
68 PA Cons Stat § 5111 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 51 - General Provisions|Section 5111 - Severability

§ 5111. Severability.  If any provision of this subpart or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this subpart which can be given effect without the invalid provisions or application, and to this end the provisions of this subpart are severable.    Cross References. Section 5111 is referred to in section 5102 of this title.
68 PA Cons Stat § 5112 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 51 - General Provisions|Section 5112 - Unconscionable agreement or term of contract

§ 5112. Unconscionable agreement or term of contract.   (a) Powers of contract.--The court, upon finding as a matter of law that a contract or contract clause was unconscionable at the time the contract was made, may: (1) refuse to enforce the contract; (2) enforce the remainder of the contract without the unconscionable clause; or (3) limit the application of any unconscionable clause in order to avoid an unconscionable result.  (b) Parties may present evidence.--Whenever it is claimed or appears to the court that a contract or any contract clause is or may be unconscionable, the parties, in order to aid the court in making the determination, shall be afforded a reasonable opportunity to present evidence as to: (1) the commercial setting of the negotiations; (2) whether a party has knowingly taken advantage of the inability of the other party reasonably to protect his interests by reason of physical or mental infirmity, illiteracy or inability to understand the language of the agreement or similar factors; (3) the effect and purpose of the contract or clause; (4) if a sale, any gross disparity, at the time of contracting, between the amount charged for the real estate and the value of the real estate measured by the price at which similar real estate was readily obtainable in similar transactions, but a disparity between the contract price and the value of the real estate measured by the price at which similar real estate was readily obtainable in similar transaction does not of itself render the contract unconscionable.    Cross References. Section 5112 is referred to in section 5102 of this title.
68 PA Cons Stat § 5113 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 51 - General Provisions|Section 5113 - Obligation of good faith

§ 5113. Obligation of good faith.  Every contract or duty governed by this subpart imposes an obligation of good faith in its performance or enforcement.    Cross References. Section 5113 is referred to in section 5102 of this title.