68 Pa.C.S. § 3205
Contents of declaration; all condominiums
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Statutory text
The declaration for a condominium must contain:
The name of the condominium which must include the word "condominium" or be followed
by the words "a condominium."
The name of every county in which any part of the condominium is situated.
A legally sufficient description of the real estate included in the condominium.
A description or delineation of the boundaries of each unit including the unit's identifying
number.
A statement of the maximum number of units that may be created by the subdivision
or conversion of units owned by the declarant pursuant to section 3215(c) (relating
to subdivision or conversion of units).
A description of any limited common elements as provided in section 3209 (relating
to limited common elements) and limited common expenses, if any, and how they are
to be assessed.
A description of any common elements not within the boundaries of any convertible
real estate which may be allocated subsequently as limited common elements together
with a statement that they may be so allocated and a description of the method by
which the allocations are to be made.
An allocation to each unit of an undivided interest in the common elements, a portion
of the votes in the association and a percentage or fraction of the common expenses
of the association (section 3208).
Any restrictions created by the declarant on use, occupancy and alienation of the
units.
The recording data for recorded easements and licenses appurtenant to or included
in the condominium or to which any portion of the condominium is or may become subject.
If all or any of the units are or may be owned in time-share estates as defined in
section 3403(a) (relating to public offering statement; time-share estates), which
units may be owned in time-share estates and the maximum number of time-share estates
that may be created in the condominium, it being intended that time-share estates
shall not be permitted except if and to the extent expressly authorized by the declaration.
If the declarant wishes to retain the special declarant right to cause section 3222
(relating to master associations) to become applicable to a condominium, then:
(i) an explicit reservation of such right;
(ii) a statement of the time limit upon which the option reserved under subparagraph (i)
will lapse, together with a statement of any circumstances that will terminate the
option before the expiration of the time limit. The time limit shall not exceed the
later of:
(A) ten years after the recording of the declaration; or
(B) in the case of a preliminary plat calling for the installation of improvements in
sections, 120 days after municipal approval or denial of each particular section's
final plat which was filed prior to the deadline approved or modified by the municipal
governing body pursuant to section 508(4)(v) of the act of July 31, 1968 (P.L.805,
No.247), known as the Pennsylvania Municipalities Planning Code, or, in the event
of an appeal from the municipal approval or denial of such final plat, 120 days after
a final judgment on appeal; and
(iii) the information required to be included in the declaration by the provisions of section
3222.
If the declarant wishes to retain the special declarant right to merge or consolidate
the condominium pursuant to section 3223 (relating to merger or consolidation of condominiums),
then:
(i) an explicit reservation of such right;
(ii) a statement of the time limit upon which any option reserved under subparagraph (i)
will lapse, together with a statement of any circumstances that will terminate the
option before the expiration of the time limit. The time limit shall not exceed the
later of:
(A) ten years after the recording of the declaration; or
(B) in the case of a preliminary plat calling for the installation of improvements in
sections, 120 days after municipal approval or denial of each particular section's
final plat which was filed prior to the deadline approved or modified by the municipal
governing body pursuant to section 508(4)(v) of the Pennsylvania Municipalities Planning
Code or, in the event of an appeal from the municipal approval or denial of such final
plat, 120 days after a final judgment on appeal;
(iii) a statement of the name and location of each other condominium that may be subject
to such a merger or consolidation if such other condominiums exist and if such other
condominiums do not exist, then the declaration shall include the following:
(A) A statement of the extent to which the common element interest, relative voting strength
in the association and share of common expense liability of each unit in the condominium
at the time the merger or consolidation is effectuated may be increased or decreased
by actions pursuant to any option reserved under subparagraph (i), including the formulas
to be used for those reallocations.
(B) Legally sufficient descriptions of each portion of real estate which is part of any
other condominiums which may be created and with which the condominium may merge or
consolidate.
(C) If mergers or consolidations may be effectuated at different times, a statement to
that effect together with:
(I) either a statement fixing the boundaries of those condominiums and regulating the
order in which they may be merged or consolidated or a statement that no assurances
are made in those regards; and
(II) a statement as to whether, if any other condominiums are merged or consolidated with
the condominium, all or any of such condominiums must be merged or consolidated.
(D) A statement of:
(I) the maximum number of units that may be created within any such other condominiums,
the boundaries of which are fixed pursuant to clause (C);
(II) how many of those units will be restricted exclusively to residential use; and
(III) the maximum number of units per acre that may be created within any such other condominiums,
the boundaries of which are not fixed pursuant to clause (C).
(E) If any of the units that may be built within any such other condominiums are not to
be restricted exclusively to residential use, a statement with respect to each portion
of such other condominiums of the maximum percentage of the real estate areas and
the maximum percentage of the floor areas of all units that may be created therein
that are not restricted exclusively to residential use.
(F) A statement of the extent to which any buildings and units that may be part of such
other condominiums will be compatible with the other buildings and units in the condominium
in terms of architectural style, quality of construction, principal materials employed
in construction and size or a statement that no assurances are made in those regards.
(G) A statement that all restrictions in the declaration affecting use, occupancy and
alienation of units will apply to units created within any such other condominiums
or a statement of any differentiations that may be made as to those units.
(H) General descriptions of all other improvements and limited common elements that may
be made or created within such other condominiums or a statement that no assurances
are made in that regard.
(I) A statement of any limitations as to the locations of any buildings or other improvements
that may be made within such other condominiums or a statement that no assurances
are made in that regard.
(J) A statement that any limited common elements created within any such other condominiums
will be of the same general types and sizes as those within the condominium or a statement
of any other assurances in that regard or a statement that no assurances are made
in that regard.
(K) A statement that the proportion of limited common elements to units created within
such other condominiums will be approximately equal to the proportion existing within
the condominium or a statement of any other assurances in that regard or a statement
that no assurances are made in that regard.
(L) A statement of the extent to which any assurances made in the declaration regarding
such other condominiums pursuant to clauses (C) through (K) apply in the event any
such condominiums are not merged or consolidated with the condominium or a statement
that those assurances do not apply if the condominiums are not merged or consolidated
with the condominium; and
(iv) a summary description of the other provisions which materially change any rights,
obligations or liabilities that will be included in the agreement of merger or consolidation
if such right is exercised.
(13.1) If the declaration provides that the association or a unit owner is or shall be responsible
for operation and maintenance of storm water management facilities, a statement that
upon approval of the permittee's notice of termination by the Department of Environmental
Protection or by an authorized county conservation district, it shall be deemed that
the association or unit owner, as applicable, agree to and shall become responsible
for compliance with the storm water management facilities' permit terms and conditions,
including long-term operation and maintenance of postconstruction storm water best
management practices in accordance with applicable requirements. The declarant shall
remain responsible for compliance with other obligations with respect to storm water
management facilities as may be required by the approved subdivision and land development
plans, the declaration or this subpart until such time as the obligations of the declarant
may cease.
(13.2) Any fees or charges to be paid by unit owners, currently or in the future, for the
use of the common elements, limited common elements and any other facility related
to the condominium.
Any other matters the declarant deems appropriate.
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).