reglab/housing_qa huggingface dataset:
68 PA Cons Stat § 5321 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 53 - Management of Planned Community|Section 5321 - Alternative dispute resolution in planned communities

§ 5321. Alternative dispute resolution in planned communities. (a) Applicability.-- (1) A planned community established after the effective date of this section shall adopt bylaws in compliance with this section.  (2) A planned community established on or before the effective date of this section may adopt bylaws in compliance with the provisions of this section.  (b) Procedures.-- (1) The bylaws shall establish procedures for an alternative dispute resolution for disputes between:  (i) two or more unit owners; or (ii) a unit owner and the association. (2) Alternative dispute resolution shall be limited to disputes where all parties agree to alternative dispute resolution.  (3) Costs and fees associated with alternative dispute resolution, excluding attorney fees, shall be assessed equally against all parties to a dispute.  (c) Construction.--Nothing in this section shall be construed to affect or impair the right of a unit owner, declarant or association to pursue a private cause of action or seek other relief.  (May 4, 2018, P.L.96, No.17, eff. 60 days)   2018 Amendment. Act 17 added section 5321.  Cross References. Section 5321 is referred to in section 5322 of this title.
68 PA Cons Stat § 5322 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 53 - Management of Planned Community|Section 5322 - Complaints filed with Bureau of Consumer Protection

§ 5322. Complaints filed with Bureau of Consumer Protection. (a) General rule.--A unit owner in good standing may file a complaint with the Bureau of Consumer Protection in the Office of the Attorney General in the event of a violation by the declarant or the association of sections 5308 (relating to meetings), 5309 (relating to quorums) and 5310 (relating to voting; proxies).  (b) Condition.--If an alternative dispute resolution procedure is available to the unit owner under the association's declaration, bylaws, rules or regulations, a complaint may not be filed by a unit owner with the Bureau of Consumer Protection until the earlier of:  (1) the unit owner exhausting the alternative dispute resolution procedure without a resolution between the unit owner and the association; or  (2) at least 100 days have passed since the unit owner commenced the alternative dispute resolution procedure and the unit owner and association having not reached a resolution.  (c) Immediate filing.--A complaint may be filed by a unit owner with the Bureau of Consumer Protection immediately if:  (1) an alternative dispute resolution procedure is not available to the unit owner under the association's declaration, bylaws, rules or regulations; or  (2) the association refuses alternative dispute resolution under section 5321(b)(2) (relating to alternative dispute resolution in planned communities).  (d) Construction.--Nothing in this section shall be construed to affect or impair the right of a unit owner, 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 5322.
68 PA Cons Stat § 5401 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 54 - Protection of Purchasers|Section 5401 - Applicability; waiver

§ 5401. Applicability; waiver. (a) General rule.--This chapter applies to all units subject to this subpart, except as provided in subsection (b) and section 5411 (relating to warranty against structural defects) or as modified or waived by agreement of the purchaser of any unit which is intended for nonresidential use at the time of sale of such unit by the declarant or by agreement of purchasers of units in a planned community who are or intend to be in the business of buying and selling planned community units, provided that:  (1) a purchaser of a unit intended for residential use at the time of sale by the declarant may not modify or waive the provisions of section 5411 with regard to such unit and the common elements;  (2) with regard to any limited common element appurtenant only to nonresidential units, the unit owners of all such units have agreed to such modification or waiver and, with regard to any common elements other than limited common elements in a planned community in which all units are restricted to nonresidential use, all unit owners have agreed to such modification or waiver; and  (3) no modification or waiver shall prevent any unit owner from indirectly benefiting from any provision in this chapter by reason of such unit owner being a unit owner in the planned community and a member of the association.  (b) Public offering statements.--A public offering statement need not be prepared or delivered in the case of:  (1) a gratuitous transfer of a unit; (2) a disposition pursuant to court order; (3) a disposition by a government or governmental agency; (4) a disposition by foreclosure or deed in lieu of foreclosure; (5) a disposition of a unit situated wholly outside this Commonwealth pursuant to a contract executed wholly outside this Commonwealth; or  (6) a transfer to which section 5407 (relating to resales of units) applies. (c) Resale certificates.--A resale certificate as described in section 5407 need not be prepared or delivered in the cases described in subsection (b)(1) through (5).  (d) Unified public offering statement.--If a unit is part of two or more planned communities or is part of a planned community and is part of any other real estate regime in connection with the sale of which the delivery of a public offering statement is required under the laws of this Commonwealth, a single public offering statement conforming to the requirements of sections 5402 (relating to public offering statement; general provisions), 5403 (relating to public offering statement; time-share estates) and 5404 (relating to public offering statement; planned communities containing conversion buildings), as those requirements relate to any real estate regimes in which the unit is located and to any other requirements imposed under the laws of this Commonwealth, may be prepared and delivered in lieu of providing two or more public offering statements.    Cross References. Section 5401 is referred to in sections 5102, 5406 of this title.
68 PA Cons Stat § 5403 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 54 - Protection of Purchasers|Section 5403 - Public offering statement; time-share estates

§ 5403. Public offering statement; time-share estates. If the declarant provides that ownership or occupancy of any units are or may be owned in time-shares, the public offering statement shall contain or disclose in addition to the information required by section 5402 (relating to public offering statement; general provisions):  (1) The total number of units in which time-share estates may be created. (2) The total number of time-share estates that may be created in the planned community. (3) The projected common expense assessment for each time-share estate and whether those assessments may vary seasonally.  (4) A statement of any services, not reflected in the budget, which the declarant provides or expenses which he pays and which the declarant expects may become at any subsequent time a common expense of the association and the projected common expense assessment attributable to each of those services or expenses for each time-share estate.  (5) The extent to which the time-share owners of a unit are jointly and severally liable for the payment of real estate taxes and all assessments and other charges levied against that unit.  (6) The extent to which a suit for partition may be maintained against a unit owned in time-share estates.  (7) The extent to which a time-share estate may become subject to a tax or other lien arising out of claims against other time-share owners of the same unit.  (8) A statement in at least ten-point boldface type, appearing on the first page of the public offering statement, that:  (i) Within seven days after receipt of a public offering statement, a purchaser, before conveyance, may cancel any contract for purchase of a unit from a declarant.  (ii) If a declarant fails to provide a public offering statement to a purchaser before conveying a unit, the purchaser may recover from the declarant damages as provided in section 5406(c) (relating to purchaser's right to cancel) and a description of such damages.  (iii) If a purchaser receives the public offering statement more than seven days before signing a contract, the purchaser cannot cancel the contract.    Cross References. Section 5403 is referred to in sections 5102, 5401 of this title.
68 PA Cons Stat § 5404 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 54 - Protection of Purchasers|Section 5404 - Public offering statement; planned communities containing conversion buildings

§ 5404. Public offering statement; planned communities containing conversion buildings. (a) General rule.--The public offering statement of a planned community containing a conversion building must contain, in addition to the information required by section 5402 (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:  (i) Describing the age and present condition and, if known or reasonably 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, elevators, storm water systems and sewage treatment systems material to the use and enjoyment of the planned community.  (ii) Describing the results of the inspection of the units and common elements required pursuant to section 5411(c) (relating to warranty against structural defects) for visible conditions that adversely affect the health or safety of residential occupants. The statement should also state 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 costs of such item.  (3) A list of any outstanding notices of uncured violations of building codes 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 at the planned community of 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 may be occupied for residential use.    Cross References. Section 5404 is referred to in sections 5102, 5401, 5411 of this title.
68 PA Cons Stat § 5405 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 54 - Protection of Purchasers|Section 5405 - Public offering statement; planned community securities

§ 5405. Public offering statement; planned community securities.  If an interest in a planned community is currently registered with the Securities and Exchange Commission of the United States, a declarant satisfies all requirements relating to the preparation of a public offering statement in this subpart if the declarant delivers to the purchaser a copy of the public offering statement filed with the Securities and Exchange Commission. An interest in a planned community is not in and of itself a security under the provisions of the act of December 5, 1972 (P.L.1280, No.284), known as the Pennsylvania Securities Act of 1972. The offer and sale of planned community units 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 5405 is referred to in section 5102 of this title.
68 PA Cons Stat § 5406 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 54 - Protection of Purchasers|Section 5406 - Purchaser's right to cancel

§ 5406. Purchaser's right to cancel.   (a) General rule.--In cases where delivery of a public offering statement is required under section 5401 (relating to applicability; waiver), a declarant shall provide a purchaser of a unit with a copy of the public offering statement and all amendments thereto not later than the date the purchaser executes the contract of sale for such unit or, if no contract of sale is executed, not later than seven days before conveyance of such unit. Unless a purchaser is given the public offering statement, including all the currently effective amendments thereof, within the time period referred to in the preceding sentence, the purchaser, before conveyance, may cancel the contract within seven days, after first receiving the public offering statement and all currently effective amendments. If a public offering statement is amended after the public offering statement has been received by a purchaser of a unit, the amendment shall be provided to the purchaser promptly after it becomes effective. If the amendment materially and adversely affects the rights or obligations or both of the purchaser, then the purchaser, before conveyance, may cancel the contract of sale within seven days after receiving the amendment.  (b) Method and effect of cancellation.--If a purchaser elects to cancel a contract pursuant to subsection (a), the purchaser may do so by hand-delivering notice thereof to the declarant or by mailing notice thereof by prepaid United States mail to the declarant or to the declarant's agent for service of process. Cancellation is without penalty, and all payments made by the purchaser before cancellation shall be refunded promptly.  (c) Penalty for noncompliance by declarant.--If a declarant fails to provide a purchaser to whom a unit is conveyed with a public offering statement and all amendments thereto as required by subsection (a), the purchaser, in addition to any other relief, is entitled to receive from the declarant an amount equal to 5% of the sales price of the unit up to a maximum of $2,000 or actual damages, whichever is the greater amount. A minor omission or error in the public offering statement or an amendment thereto that is not willful shall entitle the purchaser to recover only actual damages, if any.  (Mar. 24, 1998, P.L.206, No.37, eff. 60 days)    1998 Amendment. Act 37 amended subsec. (a).  Cross References. Section 5406 is referred to in sections 5402, 5403 of this title.
68 PA Cons Stat § 5409 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 54 - Protection of Purchasers|Section 5409 - Release of liens

§ 5409. Release of liens. (a) General rule.--Before conveying a unit, other than by deed in lieu of foreclosure, to a purchaser other than a declarant, a declarant shall record or furnish to the purchaser releases of all liens affecting that unit and its rights with respect to any common elements which the purchaser does not expressly agree to take subject to or assume or shall provide a surety bond or substitute collateral for or insurance against the liens adequate in nature and amount. This subsection does not apply to any convertible or withdrawable real estate in which no unit has been conveyed.  (b) Other liens.--Before conveying real estate to the association, the declarant shall have the real estate released from:  (1) All liens the foreclosure of which would deprive unit owners of any right of access to or easements of support of their units.  (2) All other liens, including, without limitation, real estate taxes, on that real estate unless the public offering statement describes certain real estate which may be conveyed subject to liens in specified amounts.  (Oct. 19, 2018, P.L.551, No.84, eff. 60 days)   2018 Amendment. Act 84 amended subsec. (b)(2).  Cross References. Section 5409 is referred to in section 5102 of this title.
68 PA Cons Stat § 5412 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 54 - Protection of Purchasers|Section 5412 - Effect of violations on rights of action

§ 5412. Effect of violations on rights of action. If a declarant or any other person subject to this subpart violates any provision of this subpart or any provisions of the declaration or bylaws, any person or class of persons adversely affected by the violation has a claim for appropriate relief. Punitive damages may be awarded in the case of a willful violation of the subpart and, if appropriate, the prevailing party may be entitled to an award of costs and reasonable attorney fees.  (May 4, 2018, P.L.96, No.17, eff. 60 days)   Cross References. Section 5412 is referred to in section 5102 of this title.
68 PA Cons Stat § 5413 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 54 - Protection of Purchasers|Section 5413 - Labeling of promotional material

§ 5413. Labeling of promotional material.  If any improvement contemplated in a planned community is required by section 5210 (relating to plats and plans) to be labeled "NEED NOT BE BUILT" on a plat or plan or is to be located within convertible real estate, no promotional material may be displayed or delivered to prospective purchasers which describes or depicts that improvement unless the description or depiction of the improvement is conspicuously labeled or identified as "NEED NOT BE BUILT."
68 PA Cons Stat § 5414 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 54 - Protection of Purchasers|Section 5414 - Declarant's obligation to complete and restore

§ 5414. Declarant's obligation to complete and restore.   (a) Completing improvements.--The declarant shall complete all improvements labeled "MUST BE BUILT" on plats or plans prepared pursuant to section 5210 (relating to plats and plans).  (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 planned community, of any portion of the planned community affected by the exercise of rights reserved pursuant to or created by sections 5211 (relating to conversion and expansion of flexible planned communities), 5212 (relating to withdrawal of withdrawable real estate), 5217 (relating to declarant offices, models and signs) and 5218 (relating to easement to facilitate completion, conversion and expansion).  (c) Substantial completion prerequisite to conveyance.--A unit which is part of or constitutes a structure shall not be conveyed to a person other than a successor to any special declarant rights unless all structural components and common element mechanical systems of the structure containing or constituting such unit or units are substantially completed to the extent required of the declarant so as to permit the use of such unit or units and any limited common elements appurtenant thereto for their intended use. 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.  (d) Substantial completion of unit.--No interest in a unit shall be conveyed to a person other than a successor to any special declarant rights until the unit is substantially completed in accordance with the descriptions set forth in both the declaration under section 5205 (relating to contents of declaration; all planned communities) and in the public offering statement under section 5402(a) (relating to public offering statement; general provisions), as evidenced by a recorded certificate of completion executed by an independent registered surveyor, architect or professional engineer.  (e) Construction of section.--Nothing contained in this subpart shall prevent the offering for sale of a unit or interest in a unit or the execution of any agreement to sell and purchase a unit or any interest in a unit (as opposed to actual conveyance) prior to the completion of the unit or any other portion of the planned community.    Cross References. Section 5414 is referred to in section 5402 of this title.
68 PA Cons Stat § 5503 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 55 - Adult-Oriented Establishments|Section 5503 - Requirements for adult-oriented establishments

§ 5503. Requirements for adult-oriented establishments.   (a) Loitering by minors prohibited.--No operator or employee of an adult-oriented establishment shall permit any minor to loiter in any part of the establishment, including parking lots immediately adjacent to the establishment used by patrons of an adult-oriented establishment.  (b) Interior plan.--Every adult-oriented establishment doing business in this Commonwealth shall be well lighted at all times and be physically arranged in such a manner that the entire interior portion of the booths, cubicles, rooms or stalls where adult entertainment is provided shall be clearly visible from the common areas of the premises. Visibility into such booths, cubicles, rooms or stalls shall not be blocked or obscured by doors, curtains, partitions, drapes or any other obstruction whatsoever. It shall be unlawful to install enclosed booths, cubicles, rooms or stalls within adult-oriented establishments for whatever purpose, but especially for the purpose of providing for the secluded viewing of adult-oriented motion pictures or other types of adult-oriented entertainment.  (c) Certain apertures prohibited.--No adult-oriented establishment shall contain partitions between subdivisions of a room or portions or parts of a building, structure or premises with an aperture which is designed or constructed to facilitate sexual activity between persons on either side of the partitions.  (d) Illumination and visibility.--The operator of each adult-oriented establishment shall be responsible for and shall provide that any room or other area used for the purpose of viewing adult-oriented motion pictures or other types of live adult entertainment shall be well lighted and readily accessible at all times and shall be continuously open to view in its entirety. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one footcandle as measured at the floor level. It shall be the duty of the operator and the operator's agents to ensure that the illumination required by this subsection is maintained at all times that a patron is present in the premises.