reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 67 - PUBLIC WELFARE › Chapter 81 - Miscellaneous Provisions › Section 8102 - Indemnification agreements

§ 8102. Indemnification agreements.
(a) General rule.--
A provision in a service provider contract in which a county agency or municipal government entity is indemnified, held harmless or insured for damages, claims, losses or expenses arising from any injury, including, but not limited to, bodily injury, mental anguish, property damage or economic or noneconomic damages or loss caused by or resulting from the county agency's or municipal government entity's negligence, in whole or in part, shall be void as against public policy and unenforceable.
(b) Definitions.--
For the purposes of this section, the term "service provider contract" shall mean a contract, agreement or understanding regarding the provision of services subject to regulation under 55 Pa. Code Pt. V (relating to children, youth and families manual).
2022 Amendment.
Section 3 of Act 127 provided that the addition of section 8102 shall apply to service provider contracts entered into on or after the effective date of section 3.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Extra - Title Notes

Special Provisions in Appendix.
See section 8 of Act 168 of 1992 in the appendix to this title for special provisions
            relating to applicability of amendments.
Enactment.
Unless otherwise noted, the provisions of Title 68 were added July 2, 1980, P.L.286,
               No.82, effective in 120 days.
Enactment.
Unless otherwise noted, Part II was added July 2, 1980, P.L.286, No.82, effective
               in 120 days.
Enactment.
Subpart A was added October 24, 2012, P.L.1239, No.153, effective in 60 days.
Enactment.
Subpart C was added December 18, 1992, P.L.1426, No.176, effective in 60 days.
Enactment.
Subpart D was added December 19, 1996, P.L.1336, No.180, effective in 45 days.
Enactment.
Subpart F was added November 22, 2000, P.L.652, No.88, effective in 60 days.
Enactment.
Part III was added December 20, 2000, P.L.815, No.114, effective in one year unless
            otherwise noted.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 21 - Land Banks › Extra - Chapter Notes

Enactment.
Chapter 21 was added October 24, 2012, P.L.1239, No.153, effective in 60 days, unless
            otherwise noted.
Cross References.
Chapter 21 is referred to in section 32A04 of Title 8 (Boroughs and Incorporated Towns);
            section 141A04 of Title 11 (Cities).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 21 - Land Banks › Section 2102 - Legislative findings and purpose

§ 2102. Legislative findings and purpose.
The General Assembly finds and declares that:
(1) Strong communities are important to the social and economic vitality of this Commonwealth. Whether urban, suburban or rural, many communities are struggling to cope with vacant, abandoned and tax-delinquent properties.
(2) Citizens of this Commonwealth are affected adversely by vacant, abandoned and tax-delinquent properties, including properties which have been vacated or abandoned due to mortgage foreclosure.
(3) Vacant, abandoned and tax-delinquent properties impose significant costs on neighborhoods, communities and municipalities by lowering property values, increasing fire and police protection costs, decreasing tax revenues and undermining community cohesion.
(4) There is an overriding public need to confront the problems caused by vacant, abandoned and tax-delinquent properties through the creation of new tools to enable municipalities to turn vacant, abandoned and tax-delinquent spaces into vibrant places.
(5) Land banks are one of the tools that municipalities may use to facilitate the return of vacant, abandoned and tax-delinquent properties to productive use.
(6) Land banks, if used effectively, can be a powerful tool in the fight against homelessness. Using land banks to transform vacant, abandoned or tax-delinquent properties into housing facilities for homeless individuals provides tangible benefits to municipalities, including the restoration of blighted property and the ability to provide necessary resources to one of this Commonwealth's most vulnerable populations.
(Nov. 3, 2022, P.L.1934, No.125, eff. 60 days)
2022 Amendment.
Act 125 added par. (6).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 21 - Land Banks › Section 2103 - Definitions

§ 2103. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Board."
The board of directors of a land bank.
"Department."
The Department of Community and Economic Development of the Commonwealth.
"Financial institution."
A bank, savings association, operating subsidiary of a bank or savings association, credit union, association licensed to originate mortgage loans or an assignee of a mortgage or note originated by such an institution.
"Land bank."
A public body and a body corporate and politic established under this chapter.
"Land bank jurisdiction."
(1) a county, a city, a borough, a township and an incorporated town with a population of more than 10,000; or
(2) two or more municipalities with populations less than 10,000 that enter into an intergovernmental cooperation agreement to establish and maintain a land bank.
"Low income."
A household with total income at or below 80% of the area median income, adjusted for household size, as defined annually by the United States Department of Housing and Urban Development.
"Municipality."
A county, city, borough, incorporated town, township or home rule municipality.
"Owner-occupant."
A natural person with a legal or equitable ownership interest in property which was the primary residence of the person for at least three consecutive months at any point in the year preceding the date of initial delinquency.
"Real property."
Land and all structures and fixtures thereon and all estates and interests in land, including easements, covenants and leaseholders.
"School district."
Any of the classifications of school districts specified in section 202 of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949. The term includes, as to any real property acquired, owned or conveyed by a land bank, the school district within whose geographical jurisdiction the real property is located.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 21 - Land Banks › Section 2106 - Staff

§ 2106. Staff.
(a) Employees.--
A land bank may employ or enter into a contract for an executive director, counsel and legal staff, technical experts and other individuals and may determine the qualifications and fix the compensation and benefits of those employees.
(b) Contracts.--
A land bank may enter into a contract with a municipality for:
(1) the municipality to provide staffing services to the land bank; or
(2) the land bank to provide staffing services to the municipality.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 21 - Land Banks › Section 2111 - Financing of land bank operations

§ 2111. Financing of land bank operations.
(a) General rule.--
A land bank may receive funding through grants and loans from:
(1) the Federal Government;
(2) the Commonwealth;
(3) a municipality;
(4) the land bank jurisdiction which created the land bank; and
(5) private sources.
(b) Funding.--
A land bank may receive and retain payments for services rendered, for rents and leasehold payments received, for consideration for disposition of real and personal property, for proceeds of insurance coverage for losses incurred, for income from investments and for an asset and activity lawfully permitted to a land bank under this chapter.
(c) Allocated real property taxes.--
(1) A taxing jurisdiction may authorize the remittance or dedication of a portion of real property taxes collected pursuant to the laws of this Commonwealth to a land bank on real property conveyed by a land bank.
(2) Allocation of property tax revenues in accordance with this subsection, if authorized by the taxing jurisdiction, shall commence with the first taxable year following the date of conveyance and continue for a period of up to five years and may not exceed a maximum of 50% of the aggregate property tax revenues generated by the property.
(3) Remittance or dedication of real property taxes shall include the real property taxes of a school district only if the school district enters into an agreement with the land bank for the remittance or dedication.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 21 - Land Banks › Section 2113 - Public records and public access

§ 2113. Public records and public access.
(a) Public records.--
A board shall keep minutes and a record of its proceedings.
(b) Public access.--
A land bank is subject to:
(1) 65 Pa.C.S. Ch. 7 (relating to open meetings); and
(2) the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 21 - Land Banks › Section 2114 - Dissolution of land bank

§ 2114. Dissolution of land bank.
(a) General rule.--
A land bank may be dissolved as a public body corporate and politic upon compliance with all of the following:
(1) Sixty calendar days' advance written notice of consideration of a resolution to request dissolution must:
(i) be given to the land bank jurisdiction which created the land bank;
(ii) be published in a local newspaper of general circulation; and
(iii) be sent by certified mail to the trustees of outstanding bonds of the land bank.
(2) A resolution requesting dissolution must be approved under section 2105(h)(3) (relating to board).
(b) Authority.--
Upon receipt of a proper resolution described in subsection (a)(1), the land bank jurisdiction which created the land bank may dissolve the land bank by adoption of an ordinance subject to the approval of the mayor in a city or the county executive in a home rule county. If approved, the governing body of the land bank jurisdiction which created the land bank shall file a certified copy of the ordinance with the Department of State, and the Secretary of the Commonwealth shall cause the termination of the existence of the land bank to be noted on the record of incorporation. Upon such filing, the land bank shall cease to function. The Secretary of the Commonwealth shall also notify the department of the dissolution of the land bank.
(c) Transfer of assets.--
Upon dissolution of the land bank, real property, personal property and other assets of the land bank shall become the assets of the municipality in which the property is located. The following shall apply:
(1) Personal property, including financial assets, of the land bank shall be divided among participating land bank jurisdictions in proportion to the population of each jurisdiction.
(2) The municipality in which real property is located shall approve the transfer of title to the municipality.
(d) Multiple jurisdictions.--
If multiple land bank jurisdictions create a land bank under section 2104(c) (relating to creation and existence), the withdrawal of one or more land bank jurisdictions shall not require dissolution of the land bank unless:
(1) the intergovernmental cooperation agreement provides for dissolution in this event; and
(2) there is no land bank jurisdiction which desires to continue the existence of the land bank.
Cross References.
Section 2114 is referred to in sections 2104, 2105 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 21 - Land Banks › Section 2115 - Conflicts of interest

§ 2115. Conflicts of interest.
(a) State Adverse Interest Act.--
The acts and decisions of members of a board and of employees of a land bank shall be subject to the act of July 19, 1957 (P.L.1017, No.451), known as the State Adverse Interest Act.
(b) Ethical standards.--
Board members and land bank employees are subject to 65 Pa.C.S. Ch. 11 (relating to ethics standards and financial disclosure).
(c) Supplemental rules and guidelines.--
The board may adopt:
(1) supplemental rules addressing potential conflicts of interest; and
(2) ethical guidelines for members of the board and land bank employees.
Cross References.
Section 2115 is referred to in section 2104 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 21 - Land Banks › Section 2116 - Construction, intent and scope

§ 2116. Construction, intent and scope.
This chapter shall be construed liberally to effectuate the legislative intent and the purposes as complete and independent authorization for the implementation of this chapter, and all powers granted shall be broadly interpreted to effectuate the intent and purposes and not as a limitation of powers.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 21 - Land Banks › Section 2118 - Expedited quiet title proceedings

§ 2118. Expedited quiet title proceedings.
(a) Authorization.--
(1) A land bank may file an action to quiet title to real property in which the land bank has an interest.
(2) A land bank may join in a single complaint to quiet title to one or more parcels of real property.
(3) For purposes of an action under this section, the land bank shall be deemed to be the holder of sufficient legal and equitable interests and possessory rights so as to qualify the land bank as an adequate complainant in the action.
(b) Procedural requirements.--
(1) Prior to the filing of an action to quiet title, the land bank must conduct an examination of title to determine the identity of any person possessing a claim or interest in or to the real property.
(2) Service of the complaint to quiet title shall be provided to interested parties as follows:
(i) By first class mail to the identity and address reasonably ascertainable by an inspection of public records.
(ii) In the case of occupied real property, by first class mail, addressed to "Occupant."
(iii) By posting a copy of the notice on the real property.
(iv) By publication.
(v) As ordered by the court.
(3) As part of the complaint to quiet title, the land bank must file an affidavit identifying:
(i) persons discovered under paragraph (1); and
(ii) the form of service under paragraph (2).
(c) Hearing.--
(1) The court shall schedule a hearing on the complaint within 90 days following filing of the complaint and as to all matters upon which an answer was not filed by an interested party.
(2) The court shall issue its final judgment within 120 days of the filing of the complaint.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 21 - Land Banks › Section 2119 - Annual audit and report

§ 2119. Annual audit and report.
The following shall apply:
(1) The land bank shall annually, within 120 days after the end of the fiscal year, submit an audit of income and expenditures, together with a report of its activities for the preceding year, to the department.
(2) A duplicate of the audit and the report shall be filed with the governing body of:
(i) the land bank jurisdiction which created the land bank; and
(ii) each political subdivision which opted to participate in the land bank pursuant to an intergovernmental agreement.
Cross References.
Section 2119 is referred to in section 2104 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 21 - Land Banks › Section 2120 - Determination on procedural revision

§ 2120. Determination on procedural revision.
If the department determines that comprehensive reform legislation on property-tax foreclosure has been enacted revising procedure under the statutory provisions referred to in section 2117 (relating to delinquent property tax enforcement), the department shall transmit notice of the determination to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
Cross References.
Section 2120 is referred to in section 2117 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 21 - Land Banks › Section 2121 - Exemption from realty transfer tax

§ 2121. Exemption from realty transfer tax.
A transfer of real property to or from a land bank shall be exempt from both the State and local realty transfer tax under Articles XI-C and XI-D of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, and section 301.1 of the act of December 31, 1965 (P.L.1257, No.511), known as The Local Tax Enabling Act.
(Nov. 3, 2022, P.L.1934, No.125, eff. 60 days)
2022 Amendment.
Act 125 added section 2121.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 23 - Real Estate Foreclosure › Extra - Chapter Notes

Enactment.
Chapter 23 was added June 19, 2018, P.L.208, No.32, effective in 180 days.
Cross References.
Subchapter A is referred to in section 2312 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 23 - Real Estate Foreclosure › Section 2302 - Legislative findings and purpose

§ 2302. Legislative findings and purpose.
The General Assembly finds and declares that:
(1) Vacant and abandoned real estate, coupled with a default in the obligation to make mortgage payments secured by that real estate, presents a danger to the health, safety and welfare of a community.
(2) Vacant and abandoned real estate often is not repaired, restored and returned to productive use until either a creditor or municipality acquires title to the real estate.
(3) An accelerated procedure is needed to maintain the due process rights of owners of real estate and to reduce unnecessary delays in an action of mortgage foreclosure or an action for possession or similar actions to recover real estate that is vacant and abandoned.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 23 - Real Estate Foreclosure › Section 2310 - Sheriff's commission

§ 2310. Sheriff's commission.
(a) Timing of payment.--
With respect to a mortgaged property, the commission payable to the sheriff provided under section 4(b) of the act of July 6, 1984 (P.L.614, No.127), known as the Sheriff Fee Act, shall not be due unless the mortgaged property is sold at the execution sale conducted by the sheriff.
(b) Stay, cancellation, withdrawal or postponement of sale.--
If the execution sale of a mortgaged property is stayed, canceled, withdrawn or postponed due to bankruptcy, because the mortgage is decelerated and brought current, in whole or in part, is paid in full or as a result of a loan modification of the mortgage loan or other resolution of the foreclosure action or for another reason, the sheriff shall not be entitled to the commission.
Cross References.
Section 2310 is referred to in section 2312 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 23 - Real Estate Foreclosure › Section 2311 - Limitation on creditor's attorney fees

§ 2311. Limitation on creditor's attorney fees.
(a) After commencement of proceedings.--
(1) After the commencement of foreclosure or other legal action with respect to a residential mortgage that is subject to the limits on attorney fees provided under section 406 of the act of January 30, 1974 (P.L.13, No.6), referred to as the Loan Interest and Protection Law, attorney fees that are reasonable and actually incurred by the residential mortgage lender may be charged to the residential mortgage debtor.
(2) Attorney fees are presumed to be reasonable under paragraph (1) if they:
(i) conform with the attorney fees promulgated and as may be amended from time to time by the Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, the Department of Housing and Urban Development, the Department of Veterans Affairs or their respective successor organizations; and
(ii) are actually incurred for the enforcement of a mortgage obligation in this Commonwealth.
(3) A party to the action may request, upon application to the court, a review of the reasonableness of the attorney fees claimed.
(b) Before commencement of proceedings.--
(1) Except as provided in paragraph (2), prior to the commencement of foreclosure or other legal action with respect to a residential mortgage that is subject to the limits on attorney fees provided under section 406 of the Loan Interest and Protection Law, attorney fees that are reasonable and actually incurred not in excess of 0.1% of the amount of the then existing base figure as defined in section 101 of the Loan Interest and Protection Law may be charged to the residential mortgage debtor.
(2) No attorney fees may be charged for legal expenses incurred for a residential mortgage prior to or during the 30-day notice period provided under section 406 of the Loan Interest and Protection Law.
Cross References.
Section 2311 is referred to in section 2312 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 23 - Real Estate Foreclosure › Section 2312 - Applicability

§ 2312. Applicability.
This subchapter shall apply to the extent provided under sections 2310 (relating to sheriff's commission) and 2311 (relating to limitation on creditor's attorney fees) and shall not be limited to mortgaged properties certified as vacant and abandoned under Subchapter A (relating to vacant and abandoned property).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 31 - General Provisions › Section 3104 - Variation by agreement

§ 3104. 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 31 - General Provisions › Section 3105 - Separate titles and taxation

§ 3105. Separate titles and taxation.
(a) Title.--
Except as provided in subsection (b), each unit together with its common element interest constitutes for all purposes a separate parcel of real estate.
(b) Taxation and assessment.--
If there is a unit owner other than a declarant, each unit together with its common element interest, but excluding its common element interest in convertible or withdrawable real estate, shall be separately taxed and assessed, and each portion of any convertible or withdrawable real estate shall be separately taxed and assessed; otherwise, the real estate comprising the condominium may be taxed and assessed in any manner provided by law.
Cross References.
Section 3105 is referred to in section 3102 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 31 - General Provisions › Section 3106 - Applicability of local ordinances, regulations and building codes

§ 3106. Applicability of local ordinances, regulations and building codes.
(a) General rule.--
A zoning, subdivision, building code or other real estate use law, ordinance or regulation may not prohibit the condominium form of ownership or impose any requirement upon a condominium which it would not impose upon a physically identical development under a different form of ownership.
(b) Current law unaffected.--
Except as provided in subsection (a), no provision of this subpart invalidates or modifies any provision of any zoning, subdivision, land development, building code or other real estate use law, ordinance or regulation.
(c) Status.--
The creation of a condominium pursuant to section 3201 (relating to creation of condominium) out of an entire lot, parcel or tract of real estate which has previously received approval for land development or subdivision, as those terms are defined in section 107 of the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code, or the conveyance of units in the condominium, shall not, in and of itself, constitute a subdivision or land development, for the purposes of subdivision, land development or other laws, ordinances and regulations.
(d) Compliance with zoning regulations.--
(1) Use of the condominium shall comply with zoning regulations applicable to the parcel of land or tract of real estate on which the condominium is created.
(2) Any person creating a condominium out of a vacant parcel or tract of real estate which has not been subject to subdivision or land development approval shall submit a copy of the condominium declaration and condominium plan to all municipalities in which the parcel or tract of real estate is located, unless the creation of the condominium is for an estate planning purpose of conveying units to family members or an entity controlled by family members so that the conveyance would not be subject to realty transfer taxes pursuant to Article XI-C of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971.
(3) Construction of any structure or building on any unit or common facility shall be subject to the provisions of any zoning, subdivision, land development, building code or other real estate law, ordinance or regulation.
(July 10, 2015, P.L.168, No.38, eff. 60 days)
Cross References.
Section 3106 is referred to in section 3102 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 31 - General Provisions › Section 3107 - Eminent domain

§ 3107. Eminent domain.
(a) General rule.--
If a unit is acquired by eminent domain, or if part of a unit is acquired by eminent domain leaving the unit owner with a remnant which may not practically or lawfully be used for any purpose permitted by the declaration, the award must compensate the unit owner for his unit and its common element interest, whether or not any common element interest is acquired. Upon acquisition, unless the decree otherwise provides, that unit's entire common element interest, votes in the association and common expense liability are automatically reallocated to the remaining units in proportion to the respective interests, votes and liabilities of those units before the taking, and the association shall promptly prepare, execute and record an amendment to the declaration reflecting the reallocations. Any remnant of a unit remaining after part of a unit is taken under this subsection is thereafter a common element.
(b) Acquisition of part of a unit.--
Except as provided in subsection (a), if part of a unit is acquired by eminent domain the award must compensate the unit owner for the reduction in value of the unit and its common element interest. Upon acquisition:
(1) that unit's common element interest, votes in the association and common expense liability are reduced in proportion to the reduction in the size of the unit, or on any other basis specified in the declaration; and
(2) the portion of common element interest, votes and common expense liability divested from the partially acquired unit are automatically reallocated to that unit and the remaining units in proportion to the respective interests, votes and liabilities of those units before the taking, with the partially acquired unit participating in the reallocation on the basis of its reduced interest, votes and liabilities.
(c) Acquisition of part of common elements.--
If part of the common elements is acquired by eminent domain, the award must be paid to the association. The association shall divide any portion of the award not used for any restoration or repair of the remaining common elements among the unit owners in proportion to their respective common element interests before the taking, but the portion of the award attributable to the acquisition of a limited common element must be equally divided among the owners of the units to which that limited common element was allocated at the time of acquisition, or in any manner the declaration provides.
Cross References.
Section 3107 is referred to in sections 3102, 3207, 3208, 3219, 3220, 3312 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 31 - General Provisions › Section 3108 - Supplemental general principles of law

§ 3108. Supplemental general principles of law.
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 3108 is referred to in section 3102 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 31 - General Provisions › Section 3109 - Construction against implicit repeal

§ 3109. Construction against implicit repeal.
This subpart being a general statute intended as a unified coverage of its subject matter, no part of it shall be construed to be impliedly repealed by subsequent legislation if that construction can reasonably be avoided.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 31 - General Provisions › Section 3110 - Uniformity of application and construction

§ 3110. 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 31 - General Provisions › Section 3111 - Unconscionable agreement or term of contract

§ 3111. Unconscionable agreement or term of contract.
(a) Powers of court.--
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 transactions does not, of itself, render the contract unconscionable.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 31 - General Provisions › Section 3112 - Obligation of good faith

§ 3112. 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 3112 is referred to in section 3102 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 31 - General Provisions › Section 3113 - Remedies to be liberally administered

§ 3113. Remedies to be liberally administered.
(a) General rule.--
The remedies provided by this subpart shall be liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed. However, consequential, special or punitive damages may not be awarded except as specifically provided in this subpart or by other rule of law.
(b) Judicial enforcement of rights and obligations.--
Any right or obligation declared by this subpart is enforceable by judicial proceeding.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 32 - Creation, Alteration and Termination of Condominiums › Section 3201 - Creation of condominium

§ 3201. Creation of condominium.
A condominium may be created pursuant to this subpart only by recording a declaration executed, in the same manner as a deed, by all persons whose interests in the real estate will be conveyed to unit owners and by every lessor of a lease the expiration or termination of which will terminate the condominium or reduce its size, provided, however, in any such lease wherein the lessor is the Commonwealth of Pennsylvania, a municipal government or any agency thereof, said lessor need not execute the declaration if they shall have previously given written consent to its filing and agreed to be bound by the provisions of the Pennsylvania Uniform Condominium Act, in which case said declaration shall be executed by the lessee then in possession of the subject property. The declaration shall be recorded in every county in which any portion of the condominium is located in the same records as are maintained for the recording of deeds of real property and shall be indexed against each declarant as the grantor and the name of the condominium as the grantee.
(Dec. 18, 1992, P.L.1279, No.168, eff. 45 days)
Cross References.
Section 3201 is referred to in section 3106 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 32 - Creation, Alteration and Termination of Condominiums › Section 3202 - Unit boundaries

§ 3202. Unit boundaries.
Except as provided by the declaration:
(1) If walls, floor 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 3202 is referred to in sections 3103, 3209, 3210, 3302 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 32 - Creation, Alteration and Termination of Condominiums › Section 3203 - Construction and validity of declaration and bylaws

§ 3203. 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 or this subpart, or any instrument executed pursuant to the declaration or this subpart.
(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 unit and its common element interest is not rendered unmarketable or otherwise affected by any provision of unrecorded bylaws or by reason of an insubstantial failure of the declaration to comply with this subpart.
Cross References.
Section 3203 is referred to in section 3102 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 32 - Creation, Alteration and Termination of Condominiums › Section 3204 - Description of units

§ 3204. Description of units.
After the declaration is recorded, a description of a unit which sets forth the name of the condominium, the recording data for the declaration, the county or counties in which the condominium is located and the identifying number of the unit is a sufficient legal description of that unit and its common element interest even if the common element interest is not described or referred to therein. Deeds, leases and mortgages of units shall be recorded in the same records as are maintained by the recorder for the recording of like instruments and shall be indexed by the recorder in the same manner as like instruments are indexed.
Cross References.
Section 3204 is referred to in section 3102 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 32 - Creation, Alteration and Termination of Condominiums › Section 3207 - Leasehold condominiums

§ 3207. Leasehold condominiums.
(a) Recording lease and contents of declaration.--
Any lease the expiration or termination of which may terminate the condominium or reduce its size shall be recorded and the declaration shall state:
(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 right of the unit owners to redeem the reversion and the manner whereby those rights may be exercised, or a statement that they do not have those rights.
(5) Any right of the unit owners 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 unit owners to renew the lease and the conditions of any renewal, or a statement that they do not have those rights.
(b) Limitation on termination of leasehold interest.--
After the declaration for a leasehold condominium is recorded, neither the lessor nor his successor in interest may terminate the leasehold interest of a unit owner who makes timely payment of his share of the rent and otherwise complies with all covenants which, if violated, would entitle the lessor to terminate the lease. A unit owner's leasehold interest is not affected by failure of any other person to pay rent or fulfill any other covenant.
(c) Merger of leasehold and fee simple interests.--
Acquisition of the leasehold interest of any unit owner by the owner of the reversion or remainder does not merge the leasehold and fee simple interests unless the leasehold interests of all unit owners subject to that reversion or remainder are acquired.
(d) Reallocation of interests if number of units reduced.--
If the expiration or termination of a lease decreases the number of units in a condominium, the common element interests, votes in the association and common expense liabilities shall be reallocated in accordance with section 3107 (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 3207 is referred to in sections 3219, 3402 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 32 - Creation, Alteration and Termination of Condominiums › Section 3209 - Limited common elements

§ 3209. Limited common elements.
(a) Allocation.--
Except for the limited common elements described in section 3202(2) and (4) (relating to unit boundaries), the declaration shall specify to which unit or units each limited common element is allocated. That allocation may not be altered without the consent of the unit owners whose units are affected.
(b) Reallocation.--
Subject to any provisions of the declaration, a limited common element may be reallocated by a recorded assignment executed by the unit owners between or among whose units the reallocation is made, or by an amendment to the declaration executed by those unit owners. The persons executing the assignment or amendment to the declaration shall provide a copy thereof to the association.
(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 3205(7) (relating to contents of declaration; all condominiums). The declaration may provide that the allocations shall be made by deeds or assignments executed by the declarant or the association, or by amendments to the declaration.
Cross References.
Section 3209 is referred to in sections 3205, 3211, 3219 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 32 - Creation, Alteration and Termination of Condominiums › Section 3211 - Conversion and expansion of flexible condominiums

§ 3211. Conversion and expansion of flexible condominiums.
(a) General rule.--
To convert convertible real estate or add additional real estate pursuant to an option reserved under section 3206(1) (relating to contents of declaration; flexible condominiums), the declarant shall prepare, execute and record an amendment to the declaration (section 3219) and comply with section 3210 (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 common element interests, 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 3209 (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 condominium if the amendment adding that real estate includes all matters required by section 3205 (relating to contents of declaration; all condominiums) or section 3206 (relating to contents of declaration; flexible condominiums), as the case may be, and the plat includes all matters required by section 3210(b) (relating to plats and plans). This provision does not extend the time limit on conversion or contraction of a flexible condominium imposed by the declaration pursuant to section 3206(2).
(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 condominium 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 inures to the declarant.
(Dec. 18, 1992, P.L.1279, No.168, eff. 45 days)
Cross References.
Section 3211 is referred to in sections 3103, 3208, 3210, 3219, 3302, 3414 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 32 - Creation, Alteration and Termination of Condominiums › Section 3212 - Withdrawal of withdrawable real estate

§ 3212. Withdrawal of withdrawable real estate.
(a) General rule.--
To withdraw withdrawable real estate from a flexible condominium pursuant to an option reserved under section 3206(1) (relating to contents of declaration; flexible condominiums), the declarant shall prepare, execute and record an amendment to the declaration containing a legally sufficient description of the real estate being withdrawn and stating the fact of withdrawal. The amendment must reallocate common element interests, votes in the association and common expense liabilities to the remaining units in the condominium in proportion to the respective interests, votes and liabilities of those units before the withdrawal, and the reallocation is effective when the amendment is recorded.
(b) When withdrawal prohibited.--
If a portion of the withdrawable real estate was described pursuant to section 3206(6), that portion may not be withdrawn if any person other than the declarant owns a unit situated therein. If the portion was not so described, none of it is withdrawable if any person other than the declarant owns a unit situated therein.
(c) Liability for expenses and right to income.--
Until withdrawal occurs or the period during which withdrawal may occur expires, whichever occurs first, the declarant alone is liable for real estate taxes assessed against withdrawable real estate and all other expenses in connection with that real estate. No other unit owner and no other portion of the condominium is subject to a claim for payment of those taxes or expenses. Unless the declaration provides otherwise, any income or proceeds from withdrawable real estate inures to the declarant.
Cross References.
Section 3212 is referred to in sections 3103, 3208, 3219, 3414 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 32 - Creation, Alteration and Termination of Condominiums › Section 3213 - Alterations of units

§ 3213. Alterations of units.
Subject to the provisions of the declaration and other provisions of law, a unit owner:
(1) May make any improvements or alterations to his unit that do not impair the structural integrity or mechanical systems or lessen the support of any portion of the condominium.
(2) May not change the appearance of the common elements or the exterior appearance of a unit or any other portion of the condominium without permission of the association.
(3) After acquiring an adjoining unit or an adjoining part of an adjoining unit, 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 condominium. Removal of partitions or creation of apertures under this paragraph is not an alteration of boundaries.