The procedures set forth in this section shall be followed by
all applicants proposing to develop land or buildings to be maintained
under the condominium form of ownership, or to convert existing land
or buildings from the present form of ownership to the condominium
form of ownership.
For any proposed condominium, in addition to all other requirements
of the subdivision code and not in conflict with the requirements
of this article, a declaration, a declaration plan and a code of regulations
shall be filed with and approved by the council prior to submission
of these documents for recording to the recorder of deeds of Montgomery
County.
Five (5) copies of the declaration shall be submitted to the
office of the township manager, accompanied by an application for
approval. At least forty-five (45) days prior to the date on which
council is to take action, one copy of the application shall be forwarded
to the township solicitor, township engineer, township planning agency
and Montgomery County Planning Commission, all of whom shall make
recommendations thereon to council.
In addition to the provisions of the declaration required by
the Unit Property Act, the declaration shall also contain:
1.
Information as to the establishment of a trust fund with a responsible
bank trust department, for the purpose of administering and disbursing
funds for maintenance activities, which trust fund shall be established
through the use of the following formula:
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Number of Dwelling Units
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Percentage of Total Project Costs in Trust Fund
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|---|---|---|
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0—50
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2%
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51—100
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1.5%
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101—500
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1%
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500+
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0.5%
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At the completion of the total project or every section thereof,
the trust fund amount shall be updated to be accurate and complete
and reflect a true percentage of total project costs.
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A further contribution to the trust fund shall be made at the
time of settlement of each unit which shall amount to three (3) per
cent of the sale price of that unit.
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The bank trust department shall make disbursements to the homeowners'
association only after that association has approved and the trust
department has confirmed the expenditures.
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2.
Any further details and information required by the council of Plymouth
Township or the township planning agency to properly review the development,
to promote the public health, safety and welfare, and to protect the
rights of the residents of the proposed condominium.
After the declaration has been approved by the township council,
copies duly certified by the township manager shall be distributed
as follows:
1.
Submission. Five (5) copies of the code of regulations shall be submitted
to the office of the township manager, accompanied by an application
for approval. At least forty-five (45) days prior to the date on which
council is to take action, one (1) copy of the application shall be
forwarded to the township solicitor, township engineer, township planning
agency and Montgomery County Planning Commission, all of whom shall
make recommendations thereon to council.
In addition to the provisions of the code of regulations dealing
with the governing body, terms and qualifications thereof, officers,
and meetings, the code of regulations shall further provide for at
least the following:
1.
The method of removal of trash, refuse and garbage from the units
and the common elements, snow removal from the common elements, security
of the common elements, provision of other municipal type services
to the units and common elements, maintenance, repair and replacement
of internal roads and other common elements, and the method of payment
of the cost of the foregoing;
2.
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 association council;
3.
The method of adopting and of amending the code of regulations, rules
governing the details of 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 the council of Plymouth
Township prior to becoming effective;
4.
Any other provisions which the council of Plymouth Township may require
to properly promote the health, safety and welfare of the public;
[and]
5.
A requirement that the township manager receive immediate notification
of the mailing address of the association council and of the names
and addresses of the officers of the association council.
After the code of regulations has been approved by the township
council, copies thereof, duly certified by the township manager, shall
be distributed as follows:
Whenever the owner or owners of a residential structure, occupied
by two (2) or more persons living independently of each other, prepare
to convert such structure to a condominium, the following provisions,
restrictions and benefits shall apply:
1.
The owner or owners shall give
to the tenant or tenants occupying dwelling units within the structure,
under then current lease agreements, written notice of intent to convert
ownership of the building and dwelling units to condominium ownership
at least two (2) weeks prior to filing the declaration, declaration
plan and code of regulations with the township pursuant to this code.
Said notice shall also contain, at a minimum, the following:
(1)
The actual or estimated prices at which the tenant's unit in the
condominium may be purchased when offered for sale;
(2)
Any financing options which may be available to tenants who wish
to purchase units; and
(3)
The date, if known, when units will be offered for sale.
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No tenant may be required to vacate upon less than one hundred
eighty (180) days' notice, except by reason of nonpayment of rent
or conduct that disturbs other tenants' peaceful enjoyment of the
premises, and the terms of the tenancy may not be altered during that
period.
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2.
If an extension of a current lease is desired by a tenant, the owner
or owners shall give to the tenant occupying a dwelling unit within
the involved structure under a current lease an automatic extension
of the right to occupy the dwelling unit as lessee or tenant for a
period of up to one (1) year without an increase in rent, the time
period of the extension to run from the date following notice to the
township of the intent to convert the structure by submission of a
plan pursuant to this code; provided, however, that if the tenant's
then current lease will not, by its terms or by operation of law,
expire until more than one (1) year after submission of a plan to
the township, the lease shall be determinative of the tenant's rights
and this extension provision shall not be applicable.
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Within ten (10) days after the council of Plymouth Township
has approved condominium documents, the owner must notify the tenants
of that fact in writing, and give to the tenants notice that they
have thirty (30) days to signify an intention to extend a lease and
the period of time up to one (1) year for which they wish the lease
extended. Tenants who fail to accept an extension of their leases
within the period of thirty (30) days after receipt of such notice
shall be deemed to have rejected the lease extension offer.
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3.
Tenant families who:
A.
Occupy dwelling units within the structure under then current lease
agreements; and
B.
Whose household includes one or more members sixty-five (65) years
of age or older, or blind, or totally disabled as defined by the Director
of the Internal Revenue Service; and
C.
For whose dwelling unit the yearly rental exceeds twenty-five (25)
per cent of the tenant family's gross annual income; and
D.
Who (including the said elderly, or blind or totally disabled person)
have occupied a dwelling unit within said structure for a period of
one (1) year prior to the owner's filing of condominium conversion
documents with the township;
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shall, if they meet the above four (4) conditions at the time
of the filing of the declaration of condominium conversion with the
township, have the right to continue to occupy the dwelling as lessees
or tenants for a period of up to two (2) years from the date of the
owner's filing of those documents at the same rental as on the date
of filing, subject only to such increases as are provided for herein,
for so long as said elderly, or blind, or totally disabled person
shall continue to reside in the household in the dwelling unit.
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The rent for the first year of the extended term of up to two
(2) years shall be the same as it was immediately prior to the commencement
of the first year. The rent for the second year of the extended term
may be increased for any such unit only by such amount as will reflect
the pro rata increases in public utility costs and real estate taxes
applicable to said unit between the date of approval of the documents
and one (1) year therefrom.
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Within ten (10) days after the council of Plymouth Township
has approved condominium documents, the owner must notify the tenants
of the fact in writing, and give to the tenants notice that, if they
qualify, they have thirty (30) days to signify an intention to extend
their leases under this section and the period of time up to two (2)
years for which they wish the lease extended. Tenants who fail to
accept an extension of their leases within the period of thirty (30)
days after receipt of such notice shall be deemed to have rejected
the lease extension offer.
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4.
The tenant or tenants in occupancy at the time the condominium documents
are filed with the township shall have the exclusive right to purchase
or enter into an agreement to purchase the dwelling unit occupied
by them for a period of one hundred eighty (180) days after the filing
of those documents, during which time the tenant's dwelling unit shall
not be shown to third parties unless the tenant has, in writing, rejected
the right of purchase.
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If a tenant fails to purchase the unit during that one hundred-eighty-day
period, the owner may not offer to dispose of an interest in that
unit during the following one hundred-twenty-day period at a price
or on terms more favorable than the price or terms offered to the
tenant.
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When a dwelling unit has been offered at an estimated price
and more than one hundred twenty (120) days after the filing of condominium
documents is offered for sale at an actual price which exceeds the
previously given estimated price by ten (10) per cent, the tenant
shall have an additional exclusive right to purchase or enter into
an agreement to purchase the unit at the actual price for a period
of sixty (60) days following such offering, during which time a tenant's
dwelling unit shall not be shown to third parties unless the tenant
has, in writing, rejected the right of purchase.
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5.
Within thirty (30) days after an owner files condominium conversion
documents with the township, the owner shall provide each tenant of
the structure with a copy of a report, prepared by a professional
engineer registered in the Commonwealth of Pennsylvania, or by an
architect licensed by the Commonwealth of Pennsylvania, giving a detailed
evaluation of the condition of all structural components and major
mechanical systems of the structure including, but not limited to,
heating, air conditioning, plumbing, elevators, electrical, roofing,
and masonry. The owner shall, at the same time, also provide to each
tenant a list of all repairs and improvements which the owner intends
to make to said structure, including the proposed dates of completion,
projected life, and estimated costs of such improvements.
6.
The owner or owners of the structure shall warrant to the tenants
therein and to all purchasers of units therein that for a period of
two (2) years from the date of approval of the condominium documents
by the township council the owner or owners shall repair or replace
all structural components so that they operate in good working order
and function at least as well and in the same manner as they did at
the date of approval of condominium documents by the township council,
exclusive of operational failure or malfunction due to improper maintenance
or lack of maintenance, unless such improper maintenance or lack of
maintenance occurs while the owner controls more than forty-nine (49)
per cent of the votes of the condominium council, exclusive of defects
or damages caused by persons other than the owner or the owner's agents
or employees, exclusive of accidents or casualty caused by persons
other than the owner or the owner's agents or employees, exclusive
of normal wear and tear, and exclusive of acts of God.
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The warranty provided for above shall appear in each agreement
for the sale of any condominium unit to the initial purchaser of the
unit by the owner of the structure, executed within two (2) years
following the date of approval of the condominium documents by the
council of Plymouth Township, and the agreements of sale shall provide
that the warranty shall not merge in the deed to any unit, and that
the warranty will survive conveyance of legal title.
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The warranty shall provide that the owner shall be responsible
only for the actual repair or replacement of the structural components
and major mechanical systems or payment of the cost thereof, and not
for consequential, incidental, or special damages, under the terms
of the warranty.
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The warranty provisions hereof are applicable only if the owner
receives notice of breach of the warranty during the warranty period
or within sixty (60) days after the end of the two-year warranty period.
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In the event that the owner or owners of any structure possess
any warranties which run from third persons to the owner or owners
and which warrant the soundness or fitness of any structural components
or major mechanical systems of the structure, the owner or owners
shall assign such warranties capable of assignment to the council.
When covered by an assigned third party warranty the council shall
be required to make a claim under such assigned warranty prior to
making claim under the owner's warranty.
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7.
Within thirty (30) days after an owner files condominium conversion
documents with the township, the owner shall provide each tenant of
the structure with a detailed actual statement of operating expenses
of the property for the current year, an estimated statement of operating
expenses for the next year, as well as a statement of estimated monthly
payments which, as the prospective owner of the unit then occupied,
the tenant will be required to make for real estate taxes, water,
sewer rent, electricity, gas, maintenance of common facilities, management
fees, use of recreational facilities and all other costs which will
be incurred as a unit owner.
8.
The provisions, restrictions and benefits of this section may not
be waived by agreement or otherwise.
This chapter [article] shall be enforced by the township manager
or his authorized designee.
The owner or owners of the structure shall designate the building
inspector of Plymouth Township as its agent for the purpose of accepting
service of any legal process arising out of or in connection with
any cause of action commenced by any tenant or by any purchaser of
a unit against the owner relating to the enforcement of any of the
provisions of this chapter. However, in no event shall such service
of process be made by service on the building inspector until after
an unseccussful bona fide attempt has been made to secure service
by other means provided by the Pennsylvania Rules of Civil Procedure
and the Pennsylvania "Long-Arm Statute" (Act of July 6, 1976, P. L.
586 No. 142, Sec. 2, et seq., as amended, and any successor legislation
thereto). All owners of such structures shall notify the building
inspector of a current address for a period of five (5) years following
the approval of condominium conversion documents by the council of
Plymouth Township.
In addition to the penalty provisions of this ordinance, any
appropriate action or proceeding, whether in law or in equity, may
be instituted or taken by the Township of Plymouth or by any aggrieved
person against any person, firm or corporation who is in violation
of or has violated any of the provisions of this section in order
to cause such violation to cease or to redress such violation.
