68 Pa.C.S. § 3102
Applicability of subpart
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Statutory text
(a) General rule.-- This subpart applies to all condominiums created within this Commonwealth after the
effective date of this subpart. Subsection (b) and sections 3105 (relating to separate
titles and taxation), 3106 (relating to applicability of local ordinances, regulations
and building codes), 3107 (relating to eminent domain), 3203 (relating to construction
and validity of declaration and bylaws), 3204 (relating to description of units),
3222 (relating to master associations), 3223 (relating to merger or consolidation
of condominiums), 3302(a)
through (6),
and
through
(relating to powers
of unit owners' association), 3311 (relating to tort and contract liability), 3315
(relating to lien for assessments), 3316 (relating to association records), 3407 (relating
to resales of units) and 3412 (relating to effect of violations on rights of action),
and section 3103 (relating to definitions) to the extent necessary in construing any
of those sections, apply to all condominiums created in this Commonwealth before the
effective date of this subpart; but those sections apply only with respect to events
and circumstances occurring after the effective date of this subpart and do not invalidate
existing provisions of the declaration, code of regulations or declaration plan of
those condominiums.
(a.1) Retroactivity.--
Sections 3103 (relating to definitions), 3108 (relating to supplemental general principles
of law), 3112 (relating to obligation of good faith), 3219 (relating to amendment
of declaration), 3220(i) (relating to termination of condominium), 3302(a)(8)(i),
and
(relating to powers of unit owners' association), 3303(a) and (b) (relating
to executive board members and officers), 3307 (relating to upkeep of condominium),
3314 (relating to assessments for common expenses) and 3319 (relating to other liens
affecting the condominium), to the extent necessary in construing any of those sections,
shall apply to all condominiums created in this Commonwealth before the effective
date of this subsection, but those sections apply only with respect to events and
circumstances occurring after the effective date of this subsection and do not invalidate
existing provisions of the declaration, code of regulations, bylaws or declaration
plan of those condominiums.
Section 3303(c) and (d), to the extent necessary in construing any of those subsections,
applies to all condominiums created in this Commonwealth before the effective date
of this subpart, but those subsections apply only with respect to events and circumstances
occurring 180 days after the effective date of this subsection and do not invalidate
existing provisions of the declaration, code of regulations or declaration plan of
those condominiums.
(b) Prior statutory law.-- The provisions of the act of July 3, 1963 (P.L.196, No.117), known as the Unit Property
Act, do not apply to condominiums created after the effective date of this subpart
and do not invalidate any amendment to the declaration, code of regulations or declaration
plan of any condominium created before the effective date of this subpart if the amendment
would be permitted by this subpart. The amendment must be adopted in conformity with
the procedures and requirements specified by those instruments and by the provisions
of the Unit Property Act. If the amendment grants to any person any rights, powers
or privileges permitted by this subpart, all correlative obligations, liabilities
and restrictions in this subpart also apply to that person. By amendment to the declaration,
code of regulations and declaration plan, a condominium created pursuant to the Unit
Property Act may be made subject to all of the provisions of this subpart in lieu
of the provisions of the Unit Property Act, effective as of the date of recordation
of such amendments and without in any way terminating the condominium status of the
property or in any way affecting any lien or encumbrance on the property, if the terms
of such amended documents conform to the requirements of this subpart and if such
amendments have been approved by 67% of the persons whose actions would have been
required to effect a removal of the property from the Unit Property Act pursuant to
section 601 thereof. No amendment of:
the declaration, code of regulations or declaration plan of a condominium created
pursuant to the Unit Property Act; or
the declaration, bylaws or plats and plans of a condominium created pursuant to this
subpart;
may increase the obligations or responsibilities of a declarant (as such and not as
a unit owner) without the joinder of the declarant in such amendment.
(c) Condominiums outside Commonwealth.-- This subpart does not apply to condominiums or units located outside this Commonwealth,
but the public offering statement provisions (sections 3402 through 3405) apply to
all dispositions thereof in this Commonwealth unless exempt under section 3401(b)
(relating to applicability; waiver).
Synced from the Florida Legislature’s official site. Verify the current version before citing.
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Reference only — not legal advice. Verify current text at the official state legislature website before citing. Printed from Common Elements (July 4, 2026).