reglab/housing_qa huggingface dataset:
68 PA Cons Stat § 4201 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 42 - Creation, Alteration and Termination of Cooperatives|Section 4201 - Creation of cooperative ownership

§ 4201. Creation of cooperative ownership.   (a) General rule.--A cooperative may be created pursuant to this subpart only by either of the following: (1) Recording a declaration executed in the same manner as a deed and subsequently recording an instrument that conveys or leases to the association the real estate that is to be included in the cooperative, which conveyance or lease is subject to the declaration. (2) Recording an instrument conveying or leasing to the association the real estate to be included in the cooperative, which instrument also includes all provisions required to be in a declaration by section 4205 (relating to contents of declaration) and which instrument shall then be deemed to be a declaration for all purposes of this subpart.  (b) Execution of instrument.--The instrument by which the conveyance or lease to the association of the real estate to be in the cooperative is to be effected shall be executed and acknowledged by the association as well as by all persons having an interest in the real estate to be included in the cooperative and whose interest is being conveyed to or subjected to a lease in favor of the association.  (c) Recording instruments.--The declaration and any separate instrument of conveyance or lease of the real estate to the association must be recorded in every county in which any portion of the cooperative is located and must be indexed in the grantee's index in the name of the cooperative and the association and in the grantor's index in the name of every person executing the declaration and such separate instrument.    Cross References. Section 4201 is referred to in sections 4102, 4301 of this title.
68 PA Cons Stat § 4202 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 42 - Creation, Alteration and Termination of Cooperatives|Section 4202 - Unit boundaries

§ 4202. Unit boundaries.  Except as provided by the declaration: (1) If walls, floors or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring and any other materials constituting any part of the finished surfaces thereof are a part of the unit, and all other portions of the walls, floors or ceilings are a part of the common elements. (2) If any chute, flue, duct, wire, conduit, bearing wall, bearing column or any other fixture lies partially within and partially outside the designated boundaries of a unit, any portion thereof serving only that unit is a limited common element allocated solely to that unit, and any portion thereof serving more than one unit or any portion of the common elements is a part of the common elements. (3) Subject to the provisions of paragraph (2), all spaces, interior partitions and other fixtures and improvements within the boundaries of a unit are a part of the unit. (4) Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios and all exterior doors and windows or other fixtures designed to serve a single unit, but located outside the unit's boundaries, are limited common elements allocated exclusively to that unit.    Cross References. Section 4202 is referred to in sections 4103, 4205, 4208, 4302 of this title.
68 PA Cons Stat § 4203 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 42 - Creation, Alteration and Termination of Cooperatives|Section 4203 - Construction and validity of declaration and bylaws

§ 4203. Construction and validity of declaration and bylaws.   (a) Provisions severable.--All provisions of the declaration and bylaws are severable.  (b) Application of rule against perpetuities.--The rule against perpetuities may not be applied to defeat any provision of the declaration, bylaws or rules and regulations adopted pursuant to section 4302(a)(1) (relating to powers of association).  (c) Conflict between declaration and bylaws.--In the event of a conflict between the provisions of the declaration and the bylaws, the declaration prevails except to the extent the declaration is inconsistent with this subpart.  (d) Effect of noncompliance on title to unit.--Title to a cooperative interest is not rendered unmarketable or otherwise affected by reason of an insubstantial failure of the declaration to comply with this subpart. Whether a substantial failure impairs marketability is not affected by this subpart.    Cross References. Section 4203 is referred to in section 4102 of this title.
68 PA Cons Stat § 4204 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 42 - Creation, Alteration and Termination of Cooperatives|Section 4204 - Description of units

§ 4204. Description of units.  A description of a unit which sets forth the name of the cooperative, the recording data for the declaration, the county or counties in which the cooperative is located and the identifying number of the unit is a legally sufficient description of that unit and all rights, obligations and interests appurtenant to that unit which were created by the declaration or bylaws. Proprietary leases and memoranda or short forms thereof as well as all instruments of transfer of cooperative interests and all instruments creating security interests in cooperative interests may be recorded in the same records as are maintained by the recorder for the recording of like instruments and, if recorded, shall be indexed by the recorder in the same manner as like instruments are recorded.    Cross References. Section 4204 is referred to in section 4221 of this title.
68 PA Cons Stat § 4206 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 42 - Creation, Alteration and Termination of Cooperatives|Section 4206 - Leasehold cooperatives

§ 4206. Leasehold cooperatives.   (a) Recording lease and contents of declaration.--Any lease the expiration or termination of which may terminate the cooperative or reduce its size shall be recorded in the same county or counties where the declaration is recorded. The declaration for any leasehold cooperative shall state in addition to the applicable provisions of section 4205 (relating to contents of declaration): (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 rights of the proprietary lessees to redeem the reversion and the manner whereby those rights may be exercised or a statement that they do not have such rights. (5) Any rights of the proprietary lessees to remove any improvements within a reasonable time after the expiration or termination of the lease or a statement that they do not have those rights. (6) Any rights of the proprietary lessees to renew the lease and the conditions of any renewal or a statement that they do not have those rights.  (b) Merger of leasehold and fee simple interests.--Acquisition of the leasehold interest of any proprietary lessee by the owner of fee simple title to the real estate that is subject to a lease, the expiration or termination of which may limit the cooperative or reduce its size, does not merge the leasehold and fee simple interests unless such owner also acquires the leasehold interests of all proprietary lessees in the leasehold cooperative and all security interests in all such proprietary leases.  (c) Reallocation of interests if number of units reduced.--If the expiration or termination of a lease decreases the number of units in a cooperative, the allocated interests shall be reallocated in accordance with section 4107(a) (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 4206 is referred to in sections 4205, 4209, 4216, 4403 of this title.
68 PA Cons Stat § 4207 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 42 - Creation, Alteration and Termination of Cooperatives|Section 4207 - Allocation of ownership interests, votes and common expense liabilities

§ 4207. Allocation of ownership interests, votes and common expense liabilities.   (a) General rule.--The declaration shall allocate an ownership interest in the association and a portion of the votes in the association to each cooperative interest in the cooperative and shall state the formulas used to establish those allocations. Those allocations may not discriminate in favor of cooperative interests owned by the declarant or an affiliate of the declarant. Such formulas may take into account unusual attributes of identified units if the formulas state how the deviation from the normal rule applies to such units.  (b) Addition or withdrawal of units.--If units may be added to or withdrawn from the cooperative, the declaration must state the formulas to be used to reallocate the allocated interests among all cooperative interests included in the cooperative after the addition or withdrawal.  (c) Votes.--The declaration may provide: (1) That different allocations of votes shall be made to the cooperative interests on particular matters specified in the declaration. (2) For cumulative voting only for the purpose of electing members of the executive board. (3) For class voting on specified issues affecting the class if necessary to protect valid interests of the class. A declarant may not utilize cumulative or class voting for the purpose of evading any limitation imposed on declarants by this subpart, nor may cooperative interests constitute a class because they are owned by a declarant.  (d) Calculations for undivided interests.--Except for minor variations due to rounding, the sum of the common expense liabilities allocated at any time to all the cooperative interests must equal one if stated as a fraction or 100% if stated as a percentage. In the event of a discrepancy between an allocated interest and the result derived from application of the pertinent formula, the allocated interest prevails.  (e) Transfer without possessory interest void.--Any purported conveyance, encumbrance, judicial sale or other voluntary or involuntary transfer of the ownership interest in the association made without the possessory interest in the unit to which that interest is related is void.    Cross References. Section 4207 is referred to in sections 4103, 4205, 4314 of this title.
68 PA Cons Stat § 4208 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 42 - Creation, Alteration and Termination of Cooperatives|Section 4208 - Limited common elements

§ 4208. Limited common elements.   (a) Allocation.--Except for the limited common elements described in section 4202(2) and (4) (relating to unit boundaries), the declaration shall specify to which unit or units each limited common element is allocated. The allocation may not be altered without the consent of the proprietary lessees whose units are affected.  (b) Reallocation.--Subject to any provisions of the declaration, a limited common element may be reallocated by any amendment to the declaration executed by the proprietary lessees between or among whose units the reallocation is made. The persons executing the amendment to the declaration shall provide a copy thereof to the association which shall record it. The amendment shall be recorded in the names of the parties and the cooperative.  (c) Common elements not previously allocated.--A common element not previously allocated as a limited common element may not be so allocated except pursuant to provisions in the declaration made in accordance with section 4205(a)(7) (relating to contents of declaration). The allocation shall be made by amendments to the declaration which shall be recorded by the association in the name of the cooperative.    Cross References. Section 4208 is referred to in sections 4205, 4209, 4216 of this title.
68 PA Cons Stat § 4210 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 42 - Creation, Alteration and Termination of Cooperatives|Section 4210 - Alterations of units

§ 4210. Alterations of units.  Subject to the provisions of the declaration, section 4321(c) (relating to limited equity cooperatives) and other provisions of law, a proprietary lessee: (1) May make any improvements or alterations to his unit that do not impair the structural integrity or mechanical systems or lessen support of any portion of the cooperative. (2) May not change the common elements or the exterior appearance of a unit without permission of the association. (3) After acquiring a cooperative interest of which an adjoining unit or an adjoining part of an adjoining unit is a part, may remove or alter any intervening partition or create apertures therein, even if the partition in whole or in part is a common element, if those acts do not impair the structural integrity or mechanical systems or lessen the support of any portion of the cooperative. Removal of partitions or creation of apertures under this paragraph is not an alteration of boundaries.    Cross References. Section 4210 is referred to in sections 4321, 4417 of this title.
68 PA Cons Stat § 4211 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 42 - Creation, Alteration and Termination of Cooperatives|Section 4211 - Relocation of boundaries between adjoining units

§ 4211. Relocation of boundaries between adjoining units.   (a) General rule.--Subject to the provisions of the declaration and other provisions of law, the boundaries between adjoining units may be reallocated by an amendment to the declaration upon application to the association by the proprietary lessees of those units. If the proprietary lessees of the adjoining units have specified a reallocation between their cooperative interests of their common interests, votes in the association and common expense liabilities, the application must state the proposed reallocations. Unless the executive board determines within 30 days that the reallocations are unreasonable or are inconsistent with any restrictions on such reallocation that may be set forth in the declaration, the association shall prepare and record an amendment to the declaration that identifies the units involved, states the reallocations and shows or describes, by plans or otherwise, the altered boundaries between adjoining units and any changes in their sizes and identifying numbers.  (b) Execution and recording of amendment.--The amendment to the declaration shall be executed by the proprietary lessees whose units are being changed and by the association and upon recordation shall be indexed in the name of both lessees as well as the association in the grantor and grantee indexes. The amendment shall be prepared and recorded at the expense of the proprietary lessees of the units involved.    Cross References. Section 4211 is referred to in sections 4216, 4417 of this title.
68 PA Cons Stat § 4212 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 42 - Creation, Alteration and Termination of Cooperatives|Section 4212 - Subdivision of units

§ 4212. Subdivision of units.   (a) General rule.--Subject to the provisions of the declaration and other provisions of law, a unit may be subdivided into two or more units by an amendment to the declaration upon application to the association by the proprietary lessee of the unit to be subdivided. If the proprietary lessee of such unit has specified a reallocation between the newly created units' cooperative interests of their common interests, votes in the association and common expense liabilities, the application must state the proposed reallocations. Unless the executive board determines within 30 days that the reallocations are unreasonable or are inconsistent with any restrictions on such reallocation that may be set forth in the declaration, the association shall prepare and record an amendment to the declaration that identifies the newly created units, states the reallocation and shows or describes, by plans or otherwise, the boundaries of the newly created units and their sizes and identifying numbers.  (b) Execution and recording of amendment.--The amendment to the declaration shall be executed by the proprietary lessee whose unit is being subdivided and by the association and upon recordation shall be indexed in the name of the proprietary lessee as well as the association in the grantor and grantee indexes. The amendment shall be prepared and recorded at the expense of the proprietary lessee of the unit being subdivided.    Cross References. Section 4212 is referred to in sections 4216, 4417 of this title.
68 PA Cons Stat § 4213 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 42 - Creation, Alteration and Termination of Cooperatives|Section 4213 - Easement for encroachments

§ 4213. Easement for encroachments.  To the extent that any unit or common element encroaches on any other unit or common element, a valid easement for the encroachment exists. The easement does not relieve a proprietary lessee of liability in case of willful misconduct nor relieve a declarant or any other person of liability for failure to adhere to any representation in the public offering statement.
68 PA Cons Stat § 4214 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 42 - Creation, Alteration and Termination of Cooperatives|Section 4214 - Declarant's office, models and signs

§ 4214. Declarant's office, models and signs.  A declarant may maintain sales or rental offices, management offices and models in units or on common elements otherwise restricted to residential use only if the declaration so provides and specifies the right of the declarant with regard to the number, size, location and relocation thereof. The use of any such sales or rental offices, management offices and models by the declarant shall be confined to the sale, rental or management of units in the cooperative where such units are located. Any sales or rental office, management office or model not designated a unit by the declaration is a common element, and, if a declarant ceases to have an ownership interest in the association, he ceases to have any rights with regard thereto unless such office or model is removed promptly from the cooperative in accordance with a right to remove reserved in the declaration. Subject to any limitations in the declaration, a declarant may maintain signs in his units and on the common elements advertising the cooperative owned by the declarant for sale or lease.    Cross References. Section 4214 is referred to in sections 4103, 4205, 4304, 4417 of this title.
68 PA Cons Stat § 4215 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 42 - Creation, Alteration and Termination of Cooperatives|Section 4215 - Easement rights

§ 4215. Easement rights.  Subject to the provisions of the declaration, a declarant has an easement through the common elements as may be reasonably necessary for the purpose of discharging a declarant's obligations or exercising special declarant rights, whether arising under this subpart or reserved in the declaration.    Cross References. Section 4215 is referred to in sections 4103, 4417 of this title.
68 PA Cons Stat § 4218 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 42 - Creation, Alteration and Termination of Cooperatives|Section 4218 - Rights of secured lenders and secured creditors

§ 4218. Rights of secured lenders and secured creditors.   (a) Secured lender approval.--The declaration may provide that all or a specified number or percentage of secured creditors of the association or lenders holding security interests encumbering the cooperative interests approve specified actions of the proprietary lessees of the association as a condition to the effectiveness of those actions, and the declaration may provide for procedures that will enable such lenders to have their approval rights recognized by the executive board, but no requirement for approval may operate to: (1) Deny or delegate control over the general administrative affairs of the association by the proprietary lessees or the executive board. (2) Prevent the association or the executive board from commencing, intervening in or settling any litigation or proceeding. (3) Receive and distribute any insurance proceeds except pursuant to section 4313 (relating to insurance).  (b) Secured lender approval procedures.--If the declaration requires mortgagees or beneficiaries of deeds of trust encumbering the units to approve specified actions of the proprietary lessees or the association as a condition to the effectiveness of those actions, then the executive board will provide the lender with written notice of the specified action proposed to be taken, together with a request for the secured lender to approve or disapprove the actions specified. If the notice to the secured lender, issued in accordance with the procedures set forth in this subsection, states that the secured lender will be deemed to have approved the actions specified in the written notice if it does not respond to the request within 45 days and the secured lender does not respond in writing within 45 days, then the secured lender will be deemed for all purposes to have approved the action specified in the notice. Written notice to the secured lender shall be given by certified, registered or first-class mail, evidenced by a United States Postal Service certificate of mailing, postage prepaid, at the address provided by the secured lender or, in the absence thereof, at the address of the secured lender endorsed on any mortgage or deed of trust of record and at the address to which the unit owner mails any periodic payment paid to the secured lender. The notice to the secured lender shall include a statement of the specified action, a copy of the full text of any proposed amendment and a form prepared by the association upon which the secured lender may indicate its approval or rejection of the specified action or amendment.  (Nov. 30, 2004, P.L.1499, No.190, eff. 60 days)    Cross References. Section 4218 is referred to in section 4216 of this title.