In addition to all other requirements set forth in this chapter
and not in conflict with the requirements of this article, 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 article and the Unit Property
Act (July 3, 1963, P.L. 196)[1] prior to submission of these documents for proper recording
to the Recorder of Deeds of Montgomery County. Furthermore, this article
shall provide for the revocation of an approved condominium and subsequent
recording of same by appropriate means.
[1]
Editor's Note: The Unit Property Act was repealed by 1980,
July 2, P.L. 286, No. 82, § 2. See now the Uniform Condominium
Act, 68 Pa.C.S.A. § 3101 et seq.
A.
Submission. In addition to all plans required pursuant to Article III 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: the Borough Engineer, the 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.
B.
The declaration shall contain the following:
(1)
A reference to the Unit Property Act and an expression of the intention
to submit the property to the provisions of the Unit Property Act.[1]
[1]
Editor's Note: The Unit Property Act was repealed by 1980,
July 2, P.L. 286, No. 82, § 2. See now the Uniform Condominium
Act, 68 Pa.C.S.A. § 3101 et seq.
(2)
A description of the land and building.
(3)
The name by which the property will be known.
(4)
A statement that the property is to consist of units and common elements
as shown in a declaration plan.
(5)
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%.
(6)
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.
(7)
A statement of the purposes or uses for which each unit is intended
and restrictions, if any, as to use.
(8)
The names of the first members of the council.
(9)
Any further details in connection with the property which 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 and to protect the rights of the residents
of the proposed condominium.
C.
After the declaration has been approved by the Commission, the copies
duly certified by the Borough Secretary shall be distributed as follows:
A.
Submission. In addition to all plans required pursuant to Article III of these regulations, one copy of the declaration plan on linen or Mylar drafting film, 24 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: the Borough Engineer, the 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 Council.
B.
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, and 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.
C.
After the declaration has been approved by the Council, the copies
duly certified by the Borough Secretary shall be distributed as follows:
A.
Submission. In addition to all plans required pursuant to Article III 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 the Council. All subsequent amendments to the approved code of regulations shall be submitted to the Borough Secretary for approval in accordance with the requirements of this subsection.
B.
Contents of code of regulations. The code of regulations shall provide
for at least the following, and may include other lawful provisions:
(1)
Identification of the property by reference to the place of record
of the declaration and the declaration plan.
(2)
The method of calling meetings of unit owners and meetings of the
council.
(3)
The number of unit owners and the number of members of the council
which shall constitute a quorum for the transaction of business.
(4)
The number and qualification of members of the council, the duration
of the term of such members and the method of filling vacancies.
(5)
The annual election by the council of a President, secretary and
treasurer and any other officers which the code of regulations may
specify.
(6)
The duties of each officer, the compensation and removal of officers
and the method of filling vacancies.
(7)
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; and 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.
(8)
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.
(9)
The method of adopting 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 the Borough Council prior
to becoming effective.
(10)
Any other provisions which the Borough Planning Commission and
the Borough Council may require to properly promote the health, safety
and welfare of the public.
(11)
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.
A.
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 shall not be required to vacate
his unit until the expiration of his lease.
B.
The tenant or tenants in occupancy at the time the plat is filed
shall have the exclusive right to purchase or enter into an 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
has in writing waived his right to purchase.
C.
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.
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 in § 102-44A and C(1). The conversion of a condominium development shall not preclude the resubmission of said property for a condominium by the procedures provided herein.
