In addition to all other requirements set forth
in this chapter and not in conflict with the requirements of this
chapter, 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
Board of Commissioners in accordance with the requirements set forth
in this chapter and the Unit Property Act (now Uniform Condominium
Act), 68 Pa.C.S.A. § 3101 et seq., prior to submission of
these documents for proper recording to the Recorder of Deeds of Montgomery
County. Furthermore, this chapter 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 IV of this chapter, 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 to each of the following for review and recommendations at least 30 days prior to the date on which the Board of Commissioners is to take action: Township Engineer, Township Planning Commission and the Montgomery County Planning Commission. The Planning Commission shall transmit the declaration to the Board of Commissioners with its recommendations for action by the Board.
B.
The declaration shall contain the following:
(1)
A reference to the Uniform Condominium Act and an
expression of the intention to submit the property to the provisions
of the Uniform Condominium Act.
(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 Township
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 Board of Commissioners or the
Planning Commission may require to properly review the development
and 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 Board,
the copies duly certified by the Township Secretary shall be distributed
as follows:
A.
Submission. In addition to all plans required pursuant to Article IV of this chapter, 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 30 days prior to the date on which the Board of Commissioners are to take action: Township Engineer, Township Planning Commission and the Montgomery County Planning Commission. The Planning Commission shall transmit the declaration plan to the Board of Commissioners 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 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; 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 Board,
the copies duly certified by the Township Secretary shall be distributed
as follows:
A.
Submission. In addition to all plans required pursuant to Article IV of this chapter, four 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 Commissioners for its action. The Township 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 Board of Commissioners are to take action. The Planning Commission shall transmit the code of regulations to the Board of Commissioners with its recommendations for the action of 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 council.
(3)
The number of unit owners and the number of members
of council which shall constitute a quorum for the transaction of
business.
(4)
The number and qualification of members of 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 the common elements; payment of the cost
of the foregoing. The council will be required to supplement any of
the foregoing services customarily provided by the Township, as required
by the Board of Commissioners.
(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.
(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 Commissioners prior to becoming effective.
(10)
Any other provisions which the Planning Commission
and the Board of Commissioners may require to properly promote the
health, safety and welfare of the public.
(11)
A requirement that the Secretary of Lower Pottsgrove
Township 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.
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:
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 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
or 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 Township,
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.
In case any property or structure is converted into owner-occupied units in violation of the Lower Pottsgrove Zoning Ordinance (Chapter 250) or this chapter, in addition to other remedies provided by law any appropriate action or proceeding, 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 plat shall be approved by the Board of Commissioners
of Lower Pottsgrove Township 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 § 215-42. The conversion of a condominium development shall not preclude the resubmission of said property for a condominium by the procedures provided herein.
