If the form of proposed common ownership is that of a condominium,
then the applicant shall submit to the administrator the proposed
declaration, declaration plan, bylaws, offering statement, form of
deed, and any and all other documents which the applicant intends
to file of record with respect to said condominium not previously
submitted by the applicant to the administrator. In addition to the
information required to be included therein by the provisions of the
Pennsylvania Uniform Condominium Act, there shall be included in the
declaration:
1102.1.
A covenant or other form of recital
assuring to each unit owner adequate and uninterrupted access to and
maintenance of common areas including but not limited to gas, water,
electric and telephone lines; heating, ventilating and air conditioning
facilities; walls; steps; interior and exterior lights; storm and
sanitary sewers; roof drains; drainage swales; cable television antenna;
parking facilities or areas related to main structures; elevator;
pedestrian ways; parking and pedestrian access; driveways; porches;
patios; railings; common utility rooms; hallways; laundry facilities;
garbage disposal facilities; recreational areas; and the like; and
1102.2.
A recital releasing and absolving the Municipality
from responsibility for maintaining any item specified in §1102.1
and insuring access to all units and common areas for police and fire
protection. For purposes of complying with the requirement of §1102.1
as it relates to maintenance of common areas, it shall be satisfactory
for the landowner to create an association, trusteeship, or other
similar entity; provided that the maintenance of the common areas
is guaranteed by such entity and provided further that failing the
establishment of an association, trusteeship, or other similar entity
through which the maintenance of common areas is guaranteed, the landowner
shall guarantee the maintenance of such common areas.
1102.3.
Without limitation of any of the foregoing requirements,
the declaration plan shall bear the verified statement of an architect
or engineer certifying that the declaration plan fully and accurately
shows the property, the location of the building thereon, the building
and the layout of the floors of the building including the units and
common areas and sets forth the name by which the property will be
known and the unit designation for each unit therein.
If the form of the proposed common ownership is other than that
of a condominium, then that applicant shall submit to the administrator
all proposed documents by which such common ownership and the units
have been or will be created and transferred to unit owners. Such
proposed documents in addition shall contain the following provisions:
1103.1.
A covenant or other form of recital
which shall be binding upon the landowner and the landowner’s
successors and assigns assuring to each unit owner adequate and uninterrupted
access to and maintenance of common areas including but not limited
to gas, water, electric and telephone lines; heating, ventilating
and air conditioning facilities; walls; steps; interior and exterior
lights; storm and sanitary sewers; roof drains; drainage swales; cable
television antenna; parking facilities or areas related to main structures;
elevator; pedestrian ways; parking and pedestrian access; driveways;
porches; patios; railings; common utility rooms; hallways; laundry
facilities; garbage disposal facilities; recreational areas; and the
like; and
1103.2.
A recital releasing and absolving the Municipality from responsibility for maintaining any item specified in §1103.1 and insuring access to all units and common areas for police and fire protection. In addition to the foregoing, the applicant shall submit a declaration plan of the property and the building complying with the requirements for declaration plans pursuant to Part 11.
After the review and recommendation by the administrator and the Planning Board, all documents submitted by the applicant shall be considered for final approval by the Commission at a public meeting thereof. If the Commission shall find the documents submitted to be in compliance with the provisions of Part 11 of this Chapter, its approval shall be so certified on the declaration plan.
If the proposed declaration or declaration plan, bylaws, offering statement, and deed with respect to a proposed condominium are approved by the Commission, the declaration or declaration plan and bylaws shall be filed of record with the Recorder within one year following the date of approval thereof by the Commission. If a form of common ownership other than a condominium is proposed and approval by the Commission of the documents as submitted is obtained, then such documents shall be recorded if directed by the administrator within one year following the date of approval by the Commission. All documents as submitted by the applicant and approved by the Commission shall be filed in the office of the municipal manager. No unit of property or any interest representing directly or indirectly a unit of property shall be conveyed, assigned or leased until the approved documents have been duly recorded as required by this §16-1106.
At the time of application the applicant shall submit an application filing fee as required by §16-1301 of this Chapter.
1109.1.
Acts in Violation of Regulations are Void. Any act or transaction in violation of the provisions of Part 11 shall be void and of no force or effect.
1109.2.
Other Remedies. In addition to the remedies set forth in this Chapter and the penalties provided for violation of the Mt. Lebanon Code or otherwise authorized or provided by law, the Municipality, with or without the joiner of any or all other affected persons, may enter suit, in any court of competent jurisdiction, to compel compliance with the provisions of Part 11 or to enjoin actual or threatened conduct in violation of the provisions of Part 11 of this Chapter.
