[Ord. 7-2005, 7/13/2005]
In addition to all other requirements set forth in this Chapter and not in conflict with the requirements of this Part, a declaration, a declaration plan and a code of regulations for any proposed condominium, whether to be created by new construction or by conversion of existing structures, shall be approved by the Borough Council in accordance with the requirements set forth in this Part and the Pennsylvania Unit Property Act prior to submission of these documents for proper recording to the Recorder of Deeds of Montgomery County. Furthermore, this Part shall provide for the revocation of an approved condominium and subsequent recording of same by appropriate means.
[Ord. 7-2005, 7/13/2005]
1. 
Submission. In addition to all plans required pursuant to Part 3 of these regulations, five copies of the declaration shall be submitted to the Borough Secretary accompanied by an application for approval. The Borough Secretary shall transmit one copy to each of the following for review and recommendations at least 30 days prior to the date on which the Borough Council is to take action: Borough Engineer, Borough Planning Commission and the Montgomery County Planning Commission. The Planning Commission shall transmit the declaration to the Borough Council with its recommendations for action by the Council.
2. 
The declaration shall contain the following:
A. 
A reference to the Unit Property Act and an expression of intention to submit the property to the provisions of the Unit Property Act.
B. 
A description of the land and building.
C. 
The name by which the property will be known.
D. 
A statement that the property is to consist of units and common elements as shown in a declaration Plan.
E. 
A description of the common elements and the proportionate undivided interest, expressed as a percentage, assigned to each unit therein, which percentages shall aggregate 100%.
F. 
A statement that the proportionate undivided interest in the common elements may be altered by the recording of an amendment duly executed by all unit owners affected thereby, subject to Borough approval.
G. 
A statement of the purposes or uses for which each unit is intended and restrictions, if any, as to use.
H. 
The names of the first members of the Council.
I. 
Any further details in connection with the party or parties executing the declaration may deem appropriate, and any details and information the Borough Council or the Planning Commission may require to properly review the development, to promote the public health, safety and welfare to protect the rights of the residents of the proposed condominium.
J. 
After the declaration has been approved by the Borough Council the copies duly certified by the Borough Secretary shall be distributed as follows:
(1) 
Three copies will be returned to the applicant for their files and for submission to the office of the Recorder of Deeds of Montgomery County and the County Planning Commission.
(2) 
One copy will be retained in the Borough files.
[Ord. 7-2005, 7/13/2005]
1. 
Submission. In addition to all plans required pursuant to Part 3 of these regulations, one copy of the declaration plan and on Mylar, 24 inches by 36 inches, as specified by the Recorder of Deeds of Montgomery County, shall be submitted to the Borough Secretary together with four paper prints accompanied by an application for approval. The Borough Secretary shall transmit one copy to each of the following for review and recommendation at least 30 days prior to the date on which the Borough Council is to take action: Borough Engineer, Borough Planning Commission and the Montgomery County Planning Commission. The Planning Commission shall transmit the declaration plan to the Borough Council with its recommendations for action by the Borough Council.
2. 
Contents of declaration plan. The declaration plan shall show the property, the location of the building thereon, the building and layout of floors of the building including the units and the common elements and the name by which the property will be known, the unit designation for each unit therein, and shall bear a certified statement of a registered architect or licensed professional engineer certifying that the declaration plan fully and accurately sets forth the foregoing.
3. 
After the declaration has been approved by Borough Council, the copies duly certified by the Borough Secretary shall be distributed as follows:
A. 
Three copies will be returned to the applicant for his files and for submission to the Office of the Recorder of Deeds of Montgomery County and the County Planning Commission.
B. 
One copy will be retained in the Borough files.
[Ord. 7-2005, 7/13/2005]
1. 
Submission. In addition to all plans required pursuant to Part 3 of these regulations, four copies of the code of regulations shall be submitted to the Borough Secretary accompanied by the application for approval and shall be forwarded to the Borough Council for its action. The Borough Secretary shall transmit one copy to the Planning Commission for its review and recommendations at least 30 days prior to the date on which the Borough Council is to take action. The Planning Commission shall transmit the code of regulations to the Borough Council with its recommendations for action by Borough Council. All subsequent amendments to the approved code of regulations shall be the requirements of this subsection.
2. 
Contents of Code of Regulations. The code of regulations shall provide for at least the following, and may include other lawful provisions:
A. 
Identification of the property by reference to the place of record of the declaration and the declaration plan.
B. 
The method of calling meetings of the unit owners and meetings of the Council.
C. 
The number of unit owners and the number of members of Council which shall constitute a quorum for the transaction of business.
D. 
The number and qualification of members of Council, the duration of the term of such members and the method of filling vacancies,
E. 
The annual election by Council of a president, secretary and treasurer and any other officers which the code of regulations may specify;
F. 
The duties of each officer, the compensation and removal of officers and the method of filling vacancies.
G. 
Trash, refuse and garbage removal from the units and the common elements, snow removal from the common elements, police protection and security of the common elements, provision of other municipal-type services to the units and common elements, maintenance, repair and replacement of common elements; payment of the cost of the foregoing; the Council will be required to supplement any of the foregoing services customarily provided by the Borough as required by the Borough Council.
H. 
The manner of collecting common expenses from unit owners which shall include a provision to the effect that all local government fines, penalties and assessments against individual units or common elements may be imposed and liened directly against the various unit owners or common elements, without reference to any duties or functions of the Council.
I. 
The method of adoption and of amending the code of regulations, rules governing the details of the use and operation of the property and the use of the common elements, and a requirement that all amendments to the code of regulations be approved by Borough Council prior to becoming effective.
J. 
Any other provisions which the Borough Planning Commission and Borough Council may require to properly promote the health, safety and welfare of the public.
K. 
A requirement that the Borough Secretary receive immediate notification of any change of the personnel comprising the Council, in the officers of the Council, and in the mailing address of the Council.
3. 
Approval.
A. 
After the code of regulations has been approved by the Borough Council, the copies duly certified by the Borough Secretary shall be distributed as follows:
(1) 
Three copies will be returned to the applicant for his files and for submission to the office of the Recorder of Deeds of Montgomery County and the County Planning Commission.
(2) 
One copy will be retained in the Borough files.
B. 
After an amended code of regulations has been approved by Borough Council, the copies duly certified by the Borough Secretary shall be distributed as follows:
(1) 
One copy returned to the applicant.
(2) 
One copy will be retained in the Borough files.
[Ord. 7-2005, 7/13/2005]
1. 
Whenever an interest in real property or a structure is converted by the owner or owners into a condominium, the tenant or tenants occupying said property or structure under a then-current lease agreement shall be given by the owner or owners an automatic extension, if necessary, of the right to occupy said property or structure as lessee or tenant for a period of one year without an increase in rent from the date following notice of the proposed conversion of said property or structure to the Borough by submission of a plat; provided, however, that if 51% or more of the tenants or lessees occupying said property or structure approve in writing the conversion or change of said property or structure into a condominium or owner-occupied property or structure, no automatic one-year extension of existing lease agreements shall be required; provided, however, that if a tenant's then-current lease will not, by its terms or operation of law, expire until more than one year after submission of a plat to the Borough he/she shall not be required to vacate his/her unit until the expiration of his/her lease.
2. 
The tenant or tenants in occupancy at the time the plat is filed shall have the exclusive right to purchase or enter into and agreement to purchase their units for 90 days after the filing, during which time a tenant's unit shall not be shown to a third party unless he/she has in writing waived his/her right to purchase.
3. 
No plat shall be approved by the Borough Council unless the owner or owners of the property or structure converting the same agree to comply with the provisions of this Section.
[Ord. 7-2005, 7/13/2005]
A condominium development or conversion may be converted into a rental or fee simple property by submission of a declaration of revocation, signed by 100% of the unit owners and the holders of all mortgages, judgments or other liens affecting the units and provided that such declaration of revocation is reviewed and duly recorded as provided for herein. The conversion of a condominium development shall not preclude the resubmission of said property for a condominium by the procedures provided herein.