2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 68 - REAL AND PERSONAL PROPERTY › Chapter 54 - Protection of Purchasers › Section 5407 - Resales of units

§ 5407. Resales of units.
(a) Information supplied by unit owner.--
In the event of a resale of a unit by a unit owner other than a declarant, the unit owner shall furnish to a purchaser before execution of any contract for sale of a unit or otherwise before conveyance a copy of the declaration other than the plats and plans, the bylaws, the rules or regulations of the association and a certificate containing:
(1) A statement disclosing the effect on the proposed disposition of any right of first refusal or other restraint on the free alienability of the unit.
(2) A statement setting forth the amount of the monthly common expense assessment and any unpaid common expense or special assessment currently due and payable from the selling unit owner and any surplus fund credits to be applied with regard to the unit pursuant to section 5313 (relating to surplus funds).
(3) A statement of any other fees payable by unit owners.
(4) A statement of any capital expenditures proposed by the association for the current and two next succeeding fiscal years.
(5) A statement of the amount of any reserves for capital expenditures and of any portions of those reserves designated by the association for any specified project.
(6) The most recent regularly prepared balance sheet and income and expense statement, if any, of the association.
(7) The current operating budget of the association.
(8) A statement of any judgments against the association and the status of any pending suits to which the association is a party.
(9) A statement describing any insurance coverage provided for the benefit of unit owners.
(10) A statement as to whether the executive board has knowledge that any alterations or improvements to the unit or to the limited common elements assigned thereto violate any provision of the declaration.
(11) A statement as to whether the executive board has knowledge of any violations of applicable governmental requirements or knowledge of the existence of any hazardous conditions pursuant to section 5402(a)(27) (relating to public offering statement; general provisions) with respect to the unit, the limited common elements assigned to the unit or any other portion of the planned community.
(12) A statement of the remaining term of any leasehold estate affecting the planned community and the provisions governing any extension or renewal thereof.
(13) A statement as to whether the declaration provides for cumulative voting or class voting.
(14) A statement as to whether an agreement to terminate the planned community has been submitted to the unit owners for approval and remains outstanding.
(15) A statement of whether the planned community is a master association or is part of a master association or could become a master association or part of a master association.
(16) A statement describing which units, if any, may be owned in time-share estates and the maximum number of time-share estates that may be created in the planned community.
(17) A statement of whether the declarant retains the special declarant right to cause a merger or consolidation of the planned community and, if so, the information describing such right which was supplied by the declaration pursuant to section 5205(13) (relating to contents of declaration; all planned communities), if any.
(b) Information supplied by association.--
The association, within ten days after a request by a unit owner, shall furnish a certificate containing the information and copies of documents necessary to enable the unit owner to comply with this section. A unit owner providing a certificate pursuant to subsection (a) is not liable to the purchaser for any erroneous information provided by the association and included in the certificate.
(c) Liability for error or inaction by association.--
A purchaser is not liable for any unpaid assessment or fee greater than the amount set forth in the certificate prepared by the association. A unit owner is not liable to a purchaser for the failure or delay of the association to provide the certificate in a timely manner.
(d) Purchase contract voidable.--
The purchase contract is voidable by the purchaser until the certificate has been provided and for five days thereafter or until conveyance, whichever first occurs.
(Nov. 30, 2004, P.L.1486, No.189, eff. 60 days)
2004 Amendment.
Act 189 amended subsec. (c) and added subsec. (d).
Cross References.
Section 5407 is referred to in sections 5102, 5302, 5316, 5401 of this title.