The procedures set forth in this article 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 its present ownership to the condominium
form of ownership in Franconia Township.
[Amended 3-8-1999 by Ord. No. 271]
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 68 Pa.C.S.A. § 3101 et seq., the Pennsylvania
Uniform Condominium Act, 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.
A.
Submission. In addition to all plans required pursuant to Article II of these regulations, five copies of the declaration shall be submitted to the Township Secretary, accompanied by an application for approval. The Township Secretary shall transmit one copy of each of the following for review and recommendations at least 45 days prior to the date on which the Board of Supervisors are to take action: Township Solicitor, Township Engineer, Township Planning Commission and the Montgomery County Planning Commission. The Township Planning Commission shall transmit the declaration to the Board of Supervisors with its recommendations for action by the Board.
B.
Contents of the declaration. The declaration shall
contain the following:
(1)
A reference to 68 Pa.C.S.A § 3101 et seq.,
the Pennsylvania Uniform Condominium Act, and an expression of the
intention to submit the property to the provisions of 68 Pa.C.S.A
§ 3101 et seq., the Pennsylvania Uniform Condominium Act.
[Amended 3-8-1999 by Ord. No. 271]
(2)
A description of the land(s) and building(s) in question.
(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 township
approval.
(7)
A statement setting forth the purposes or uses for
which the common areas and each unit is intended and restrictions,
if any, as to their use.
(8)
The names of the first members of the Council Homeowners'
Association or other entity created to maintain common areas.
(9)
Establishment of trust fund.
(a)
The establishment of a trust fund, with a responsible
bank trust department, for the purpose of administering and disbursing
funds for maintenance activities.
(b)
The Board of Supervisors shall not give final
approval until the trust fund has been established through use of
the following formula:
|
Number of Dwelling Units
|
Percentage of Total Project Cost in Trust
Fund
| |
|---|---|---|
|
0 to 50
|
2.0%
| |
|
51 to 100
|
1.5%
| |
|
101 to 500
|
1.0%
| |
|
501 plus
|
.5%
|
(c)
The trust fund amount, at the completion of
the total project or every section thereof, shall be updated to be
accurate and complete and reflect a true percentage of total project
cost.
(d)
A further contribution to the trust fund shall
be made at the time of settlement of each unit which shall amount
to 3% of the sale price of the unit.
(e)
The bank trust department shall make disbursements
to the Council Homeowners' Association only after the Council has
approved and the bank trust department has confirmed the expenditures.
(10)
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 Board of Supervisors or the Township
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.
Declaration approval. After the declaration has been
approved by the Board, the copies duly certified by the Township Manager
shall be distributed as follows:
A.
Submission. In addition to all plans required pursuant to Article II of these regulations, one copy of the declaration plan on linen or Mylar drafting film, 24 inches by 36 inches, as specified by the Recorder of Deeds of Montgomery County shall be submitted to the Township Secretary, together with four paper prints, accompanied by an application for approval. The Township Secretary shall transmit one copy to each of the following for review and recommendation at least 45 days prior to the date on which the Township Board of Supervisors are to take action: Township Solicitor, Township Engineer, Township Planning Commission, and the Montgomery County Planning Commission. The Township Planning Commission shall transmit the declaration plan to the Board of Supervisors with its recommendations for action by the Board.
B.
Contents of declaration plan. The declaration plan
shall show the property, the location of the building(s) thereon,
the building(s) and layout of floors of the building(s) 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.
C.
Declaration plan approval. After the declaration has
been approved by the Board, copies duly certified by the Township
Secretary shall be distributed as follows:
A.
Submission. In addition to all plans required pursuant to Article II of this chapter, six copies of the code of regulations shall be submitted to the Township Secretary, accompanied by the application for approval, and shall be forwarded to the Board of Supervisors for its action. The Township Secretary shall transmit one copy to the Township Planning Commission for its review and recommendations at least 45 days prior to the date on which the Board of Supervisors is to take action. The Township Planning Commission shall transmit the code of regulations to the Board of Supervisors with its recommendations for action by the Board. All subsequent amendments to the approved code of regulations shall be submitted to the Township 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 Board.
(3)
The number of unit owners and the number of members
of the Board which shall constitute a quorum for the transaction of
business.
(4)
The number and qualification of members of Board,
the duration of the term of such members and the method of filling
vacancies.
(5)
The annual election by the Board 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)
The method of removing trash, refuse and garbage from
the units and the common elements, removing snow 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 internal roads and other common elements;
payment of the cost of the foregoing; the Council may be required
by the Board of Supervisors to supplement any of the foregoing services
customarily provided by the township.
(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
Board of Supervisors prior to becoming effective.
(10)
Any other provisions which the Board of Supervisors
may require to properly promote the health, safety and welfare of
the public.
(11)
A requirement that the Township 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.
C.
Code of regulations approval. After the code of regulations
has been approved by the Board, the copies duly certified by the Township
Secretary shall be distributed as follows:
D.
Amended code of regulations approval. After an amended
code of regulations has been approved by the Council, the copies duly
certified by the Township Secretary shall be distributed as follows:
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 township by submission of a declaration;
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 declaration to the
township, he shall not be required to vacate his unit until the expiration
of his lease.
B.
The tenant or tenants in occupancy (if any) at the
time the declaration is filed shall have the exclusive right to purchase
or enter into an agreement to purchase their units for 90 days following
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.
Should any property or structure be converted into
condominium units in violation of this chapter, in addition to other
remedies provided by law, appropriate action(s) or proceeding(s),
whether by legal or equitable process or otherwise, may be instituted
or taken against the owner or owners to prevent such unlawful violation.
D.
The provisions, restrictions and benefits of this
section may not be waived by agreement or otherwise.
E.
No declaration shall be approved by the Board of Supervisors
unless the owner or owners of the property or structure converting
the same agree to comply with the provisions set forth in 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 § 122-45A and C(1). The conversion of a condominium development shall not preclude the later resubmission of said property for a condominium by the procedures set forth herein.
