[HISTORY: Adopted by the Board of Commissioners of the Township of
Abington 3-13-1980 by Ord. No. 1504. Amendments
noted where applicable.]
In addition to all other requirements set forth in this chapter and
not in conflict with the requirements of this article, a declaration, the
declaration plan and the 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 within 105 days following
the submission of the declaration, declaration plan and Code of Regulations
by the owner or owners of the project and in accordance with the requirements
set forth in this article prior to submission of any such documents for recording
to the Recorder of Deeds of Montgomery County. Those provisions of this article
dealing with amendments to codes of regulations to shall also apply to existing
condominiums.
A.
Submission. Four copies of the declaration shall be submitted
to the township, accompanied by an application for approval, at least 30 days
prior to the regularly scheduled meeting of the Board of Commissioners at
which consideration is desired. Four copies of any amendment to the declaration,
as recorded by the Recorder of Deeds of Montgomery County, shall be filed
with the Township Zoning and Land Development Committee.
B.
The declaration shall contain the following:
(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 the declaration.
(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 and offices therein of the first members of
the Council, when available.
(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 that the Board of Commissioners 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.
Upon review of the declaration by the Township Solicitor,
the declaration will be forwarded to the Zoning and Land Development Committee
with the recommendations of the Solicitor. After review by the Zoning and
Land Development Committee, that Committee will transmit the plan to the Board
of Commissioners with its recommendations and those of the Township Solicitor.
After the declaration has been approved by the Board, the copies, duly certified
by the Township Secretary, shall be distributed as follows:
D.
Amendments. Amendments to the declaration shall follow
the same procedure outlined above.
A.
Submission. One copy of the declaration plan on Linura
cloth (white or blue) 24 inches by 36 inches, as specified by the Recorder
of Deeds of Montgomery County, shall be submitted to the Township Zoning and
Land Development Committee with three paper prints, accompanied by the application
for approval, at least 30 days prior to the regularly scheduled meeting of
the Board of Commissioners at which consideration is desired. Four copies
of an amendment to the declaration plan as recorded by the Recorder of Deeds
of Montgomery County shall be filed with the Township and Land Development
Committee.
B.
Contents of declaration plan. The declaration plan shall
show the property, the location of the building or buildings thereon, the
building and layout of floors of the building or buildings, including the
units and the common elements, 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.
Approval. Upon review of the declaration plan by the
Zoning and Land Development Committee, the declaration plan will be forwarded
to the Board of Commissioners with the recommendation of the Committee. After
the declaration has been approved by the Board, the copies duly certified
by the Township Secretary shall be distributed as follows:
D.
Amendments. Amendments to the declaration plan shall
follow the same procedure outlined above.
A.
Submission. Four copies of the Code of Regulations shall
be submitted to the Township Zoning and Land Development Committee accompanied
by the application for approval.
B.
Contents. 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 and qualification 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; 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; language sufficient to assure that the
foregoing will be promptly attended to by the Council; and a statement that
no state or local government unit bears any responsibility for the foregoing.
(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 Commissioners prior to becoming
effective.
(10)
A requirement that the Secretary of the Township of Abington
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. Upon review of the Code of Regulations by the
Township Solicitor, the Code of Regulations will be forwarded to the Zoning
and Land Development Committee with the recommendations of the Solicitor.
After review by the Zoning and Land Development Committee, that Committee
will transmit the Code of Regulations to the Board of Commissioners with its
recommendations and those of the Solicitor. 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.
Amendments. Amendments to the Code of Regulations shall
follow the same procedure outlined above.
Whenever the owner or owners of a multiple-dwelling structure designed
to be occupied as a residence by two or more persons or families living independently
of each other and customarily called an "apartment house" prepare to convert
and commence to convert said structure into a condominium, the following provisions,
restrictions and benefits shall apply:
A.
The owner or owners shall give to the tenant or tenants occupying dwelling units within said structure under a then-current lease agreement written notice of such intent to convert, at least 60 days prior to filing their declaration; declaration plan and Code of Regulations with the township, pursuant to Article I of this Chapter 103 of the Abington Township Code.
B.
The tenant or tenants occupying dwelling units within
said structure under a then-current lease agreement shall be given by the
owner or owners an automatic extension, if desired by the tenant, of the right
to occupy said dwelling unit as lessee or tenant for a period of one year,
without an increase in rent (except for increases attributable to increased
operating costs in the form of increased taxes, increased energy costs and
other costs of operation normally passed on to the tenant in the form of rental
increases) from the date following notice of the proposed conversion of said
multiple-dwelling structure to the township by submission of a plan pursuant
hereto; provided, however, that, if the tenant's then-current lease will
not, by its term or by operation of law, expire until more than one year after
submission of a plan to the township, he shall not be required to vacate his
dwelling unit until the expiration date of his lease.
C.
Tenant families occupying dwelling units within said structure under a then-current lease agreement and whose household includes one or more members living in said dwelling unit who are 65 years of age or older or who are blind or totally disabled, as defined by the Director of the Internal Revenue Service, and for whose dwelling unit the yearly rental exceeds 25% of the tenant family's gross annual income and who (including said elderly or blind or totally disabled person) have occupied a dwelling unit within said structure for a period of one year prior to the owner's aforesaid filing of his condominium conversion documents with the township shall, if they meet the aforesaid three conditions at the time the owner files his aforesaid condominium documents with the township, have the right to occupy said dwelling unit as lessees or tenants for a period of two years from the date of the owner's filing his or its notice of intent to convert to a condominium, as long as said elderly or blind or totally disabled person continues as a member of their household in said dwelling unit. Rents charged for such units shall be in accordance with the lease agreement in effect for such units; or, if the two-year carry-over period extends beyond the current lease term, then rents charged for such units beyond the current lease term shall be governed by the provisions of Subsection D below.
D.
The tenant or tenants in occupancy at the time the aforesaid
condominium documents are filed with the township shall have the exclusive
right to purchase or enter into an agreement to purchase their dwelling units
for 180 days after the aforesaid filing of said documents, during which time
a tenant's dwelling unit shall not be shown to a third party unless he
has, in writing, waived his right to purchase.
E.
Within 30 days after an owner files his condominium documents
with the township, he shall provide each tenant of said structure with a copy
of a report, prepared by a registered professional engineer in the Commonwealth
of Pennsylvania, giving a detailed evaluation of the condition of all structural
components and major mechanical systems of said structure, stating all required
repairs, including but not limited to heating, air-conditioning, plumbing,
elevators, electrical, roofing and masonry. Furthermore, he shall, at the
same time, give to each tenant a list of all repairs and improvements which
he will make to said structure, including the proposed dates of completion,
the projected life and the estimated costs of such repairs and improvements.
F.
The owner or owners of said structure shall warrant to
all purchasers of units therein that, for a period of two years from the date
of approval of the condominium documents by the Board of Commissioners of
the township, the owner or owners shall repair or replace all structural components
and major mechanical systems of said structure so that they operate in good
working order, backed by a two-year maintenance bond of a reputable surety
company and paid for by the seller, exclusive of normal wear and tear as a
result of proper operation and use, acts of God or of vandalism. Said warranty
shall be included as part of the declaration portion of the condominium documents.
Furthermore, in the event that the owner or owners of any said 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 any such warranties
capable of assignment to the tenants of the structure and to all purchasers
of units within the structure, and said assignments shall be included as part
of the declaration portion of the condominium documents.
G.
Within 30 days after an owner files his condominium documents
with the township, he shall provide each tenant of said 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 the estimated monthly payments, which the owner of the unit
which such tenant then occupies will be required to make for real estate taxes,
water sewer remit, electricity, gas, maintenance of common facilities, management
fees, use of recreational facilities and all other costs to be incurred by
the unit owner.
H.
The provisions, restrictions and benefits of this section
may not be waived by agreement or otherwise.
This chapter shall be enforced by the Township Manager or his authorized
designees.
Any person, firm or corporation who shall violate any of the provisions
of this chapter shall be liable, upon conviction thereof, to a fine or penalty
not exceeding $300 for each and every offense; and whenever such person, firm
or corporation shall have been notified by the Township Manager or his authorized
designees, by registered mail, verbally or by service of process, that he
is committing such violation of this chapter, each day that he shall continue
such violation after such notification shall constitute a separate offense
punishable by a like fine or penalty. Such fines or penalties shall be collected
as like fines or penalties are now by law collected.
A.
The owner or owners of said structure shall designate
the Zoning Officer of Abington Township as his agent for the purpose of accepting
service of any legal process arising out of or in connection with any cause
of action against them commenced by any tenant or by any purchaser of a unit
and relating to the enforcement of any provisions of this article.
B.
However, in no event shall such service of process be
made by service on the Zoning Officer until after an unsuccessful 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
9, 1976, P.L. 586, No. 142, Section 2, et seq., as amended), and any successor
legislation thereto.[1]
[1]
Editor's Note: See now 42 Pa.C.S.A. § 5301 et seq.
C.
All owners of said structures shall keep said Zoning
Officer notified of their then-current address for a period of two years following
the approval of their condominium documents by the Board of Commissioners
of the township.
In addition to the penalty provisions of this chapter, any appropriate
action or proceeding, whether in law or in equity, may be instituted or taken
against any person, firm or corporation who is in violation of or has violated
any of the provisions of this chapter in order to cause such violation to
cease or to redress such violation.
All provisions, benefits and restrictions of this chapter shall apply to all proposed conversions of structures to condominiums for which condominium documents have been filed with but have not been approved by the Board of Commissioners pursuant to Article I of this Chapter 103 of the Abington Code as of the effective date of this chapter. For any such pending applications for conversions, the thirty-day time period referred to in § 103-5E and G shall commence to run as of the effective date of this chapter.
Nothing in this Chapter 103 of the Code of the Township of Abington as hereby amended shall be construed to affect any suit or proceeding pending in any court, or any rights acquired or liability incurred, or any causes of action acquired or existing under the Code of the Township of Abington prior to this amendment; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.
The provisions of this chapter are severable, and if any chapter, article,
section, sentence, clause, part or provision thereof shall be held illegal,
invalid or unconstitutional by any court of competent jurisdiction, such decision
of the court shall not affect or impair the remaining chapters, articles,
sections, sentences, clauses, parts or provisions of this chapter. It is hereby
declared to be the intent of this Board that this chapter would have been
adopted if such illegal, invalid or unconstitutional chapter, article, section,
sentence, clause, part or provision had not been included herein.
This chapter shall take effect and be in force from and after its approval
as required by law.
