[Ord. No. 1162, § 1(5.80.1—5-80.5), 11-14-1994]
(a) Applicability; terms defined. The requirements of this section shall
apply to all developers, owners and/or owner's agents (hereinafter
referred to as the "seller") who are selling a condominium unit or
other common interest property to a member of the general public.
(1) Condominium defined. A condominium unit shall be defined as a portion
of real estate wherein a part is designated for separate ownership
and the remainder is designated for common ownership pursuant to the
Pennsylvania Uniform Condominium Act, 1980, July 2, P.L. 286, No.
82, as amended or superseded, and any such real estate under the Pennsylvania
Unit Property Act, Act of July 3, 1963, P.L. 196.
(2) Common interest property defined. A common interest property shall
be defined as any other real estate wherein a part is designated for
separate ownership and the remainder is designated for common ownership.
Such real estate will have certain common facilities or real estate
within the development designated for use in common by some or all
of the owners, whether or not there is an association of members responsible
for administering such areas, such as a homeowners' community
or other incorporated or unincorporated entity or association.
(b) Intent. These requirements are intended to ensure that buyers of
a condominium unit or common interest property are informed about
limitations, easements and restrictions on their real estate, the
general nature of the subdivision and/or land development in which
the common interest property is located, and the absence of the provision
of municipal services by the township, notwithstanding the obligation
of such buyers to pay real estate and other taxes without a reduction
in the millage or amount of such taxes by reason of the lack of the
provision of municipal services.
(c) Disclosure requirements.
(1) The seller of a condominium unit or common interest property shall
provide a disclosure statement and the buyer of such property shall
acknowledge the receipt of the statement containing the following
information:
a. The township public services which will not be provided to the condominium
unit or common interest property including, but not limited to, the
absence of street maintenance, sidewalk maintenance, curb maintenance,
stormwater management system maintenance, sanitary sewer system maintenance,
trash collection, street lighting and/or snow removal, notwithstanding
the obligation of such buyer to pay real estate and other taxes without
a reduction in the millage or amount of such taxes by reason of the
lack of provision of municipal services.
b. The zoning classification.
c. Membership in a homeowners' association, if required. A copy
of the homeowners' association or condominium agreement shall
be provided at that time.
d. The location and description of all easements affecting the condominium
unit or common interest property.
e. The location of all areas on the condominium unit or common interest
property classified as wetlands, under the currently used definition,
and a reference to Township Code requirements which govern wetlands.
f. The location on the condominium unit or common interest property
of floodplain area, as defined by the township's zoning ordinance,
and a reference to Township Code requirements which govern flood plains.
g. The location of stormwater drainage facilities and/or the paths of
stormwater runoff on the condominium unit or common interest property,
and a reference to Township Code requirements which govern stormwater
facilities.
h. If the buyer is the first purchaser of a condominium unit or common
interest property, a plan showing the street upon which the building
will front and having the building envelope with rear, front and side
yard identified.
(2) The information listed above, where applicable, shall be clearly
shown or noted on the plan and/or summarized in text narrative. The
seller of any newly constructed condominium unit or common interest
property shall provide a copy of the plan and text narrative to the
buyer. Subsequent sellers (personal representatives, heirs, successors
and assigns) shall provide a text narrative to the buyer.
(d) Disclosure statement.
(1) The buyer of a condominium unit or common interest property shall
complete a statement in a form adopted from time to time by resolution
of township council, acknowledging the receipt of the disclosure requirements
applicable to the condominium unit or common interest property being
purchased under subsection (c) of this section, including the absence
of municipal services, notwithstanding the obligation of such buyer
to pay real estate and other taxes without a reduction in the millage
or amount of such taxes by reason of the lack of provision of municipal
services.
(2) Such disclosure statement shall be filed with the township at the
time of real estate registry under division I of this article.
(e) Violation; fine. Any seller or buyer violating the provisions of this section shall be guilty of a summary offense and shall be punishable for each offense by a fine as provided in section
1-9 of the Plymouth Township Code.