SB 920 — An Act amending Title 68 (Real and Personal Property) of the Pennsylvania Consolidated Statutes, in general provisions regarding condominiums, further providing for applicability of local ordinances, regulations and building codes; in creation, alteration and termination of condominiums, further providing for creation of condominium; in general provisions regarding cooperatives, further providing for applicability of local ordinances, regulations and building codes; in creation, alteration and termination of cooperatives, further providing for creation of cooperative ownership; in general provisions regarding planned communities, further providing for applicability of local ordinances, regulations and building codes; and, in creation, alteration and termination of planned communities, further providing for creation of planned community.

PRINTER'S NO.   1054

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 920
                                               Session of
                                                 2025

     INTRODUCED BY ARGALL AND VOGEL, JULY 15, 2025

     REFERRED TO LOCAL GOVERNMENT, JULY 15, 2025


                                    AN ACT
 1   Amending Title 68 (Real and Personal Property) of the
 2      Pennsylvania Consolidated Statutes, in general provisions
 3      regarding condominiums, further providing for applicability
 4      of local ordinances, regulations and building codes; in
 5      creation, alteration and termination of condominiums, further
 6      providing for creation of condominium; in general provisions
 7      regarding cooperatives, further providing for applicability
 8      of local ordinances, regulations and building codes; in
 9      creation, alteration and termination of cooperatives, further
10      providing for creation of cooperative ownership; in general
11      provisions regarding planned communities, further providing
12      for applicability of local ordinances, regulations and
13      building codes; and, in creation, alteration and termination
14      of planned communities, further providing for creation of
15      planned community.
16      The General Assembly of the Commonwealth of Pennsylvania
17   hereby enacts as follows:
18      Section 1.    Section 3106 of Title 68 of the Pennsylvania
19   Consolidated Statutes is amended by adding a subsection to read:
20   § 3106.    Applicability of local ordinances, regulations and
21                building codes.
22      * * *
23      (a.1)    Annual report.--Consistent with the requirements under
24   section 207(a) of the act of July 31, 1968 (P.L.805, No.247),
25   known as the Pennsylvania Municipalities Planning Code, a
 1   planning agency of the county in which any portion of a
 2   condominium is located shall prepare annually and maintain a
 3   report identifying each condominium created and located within
 4   the municipality by the condominium's name and physical location
 5   and shall include:
 6             (1)   the total land area and number of units of the
 7      condominium; and
 8             (2)   to the extent reasonably available within the county
 9      government, the infrastructure of each condominium, including
10      information concerning the presence of sanitary sewer, water
11      and storm water systems, recreation facilities and roadways.
12      * * *
13      Section 2.     Sections 3201 and 4106 of Title 68 are amended to
14   read:
15   § 3201.    Creation of condominium.
16      A condominium may be created pursuant to this subpart only by
17   recording a declaration executed, in the same manner as a deed,
18   by all persons whose interests in the real estate will be
19   conveyed to unit owners and by every lessor of a lease the
20   expiration or termination of which will terminate the
21   condominium or reduce its size, provided, however, in any such
22   lease wherein the lessor is the Commonwealth of Pennsylvania, a
23   municipal government or any agency thereof, said lessor need not
24   execute the declaration if they shall have previously given
25   written consent to its filing and agreed to be bound by the
26   provisions of the Pennsylvania Uniform Condominium Act, in which
27   case said declaration shall be executed by the lessee then in
28   possession of the subject property. The declaration shall be
29   recorded in every county in which any portion of the condominium
30   is located in the same records as are maintained for the

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 1   recording of deeds of real property and shall be indexed against
 2   each declarant as the grantor and the name of the condominium as
 3   the grantee. Upon the recording of the declaration, the
 4   declarant shall submit to the planning agency of each county in
 5   which the declaration is recorded a statement identifying, by
 6   name, physical location and municipality, the condominium
 7   created, including the total land area and number of units as
 8   well as the infrastructure of the condominium, including
 9   information concerning the presence of sanitary sewer, water and
10   storm water systems, recreation facilities and roadways.
11   § 4106.   Applicability of local ordinances, regulations and
12                building codes.
13      (a)    General rule.--A zoning, subdivision, building code or
14   other real estate tax or use law, ordinance or regulation may
15   not prohibit the cooperative form of ownership or impose any
16   requirement upon a cooperative which it would not impose upon a
17   physically identical development under a different form of
18   ownership. Otherwise, no provision of this subpart invalidates
19   or modifies any provision of any zoning, subdivision, building
20   code or other real estate tax or use law, ordinance or
21   regulation except as is otherwise provided in section 4321(f)
22   (relating to limited equity cooperatives).
23      (b)    Annual report.--Consistent with the requirements under
24   section 207(a) of the act of July 31, 1968 (P.L.805, No.247),
25   known as the Pennsylvania Municipalities Planning Code, a
26   planning agency of the county in which any portion of a
27   cooperative is located shall prepare annually and maintain a
28   report identifying each cooperative created and located within
29   the municipality by the cooperative's name and physical location
30   and shall include:

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 1             (1)   the total land area and number of units of the
 2      cooperative; and
 3             (2)   to the extent reasonably available within the county
 4      government, the infrastructure of each cooperative, including
 5      information concerning the presence of sanitary sewer, water
 6      and storm water systems, recreation facilities and roadways.
 7      Section 3.      Sections 4201 and 5106 of Title 68 are amended by
 8   adding subsections to read:
 9   § 4201.    Creation of cooperative ownership.
10      * * *
11      (a.1)    Required disclosure.--Upon recording of the
12   declaration or any separate instrument under subsection (a), the
13   declarant or party recording the instrument shall submit to the
14   planning agency of each county in which the declaration or
15   instrument is recorded a statement identifying, by name,
16   physical location and municipality, the cooperative created,
17   including the total land area and number of units as well as the
18   infrastructure of such cooperative, including information
19   concerning the presence of sanitary sewer, water and storm water
20   systems, recreation facilities and roadways.
21      * * *
22   § 5106.    Applicability of local ordinances, regulations and
23                   building codes.
24      * * *
25      (a.1)    Annual report.--Consistent with the requirements under
26   section 207(a) of the act of July 31, 1968 (P.L.805, No.247),
27   known as the Pennsylvania Municipalities Planning Code, a
28   planning agency of the county in which any portion of a planned
29   community is located shall prepare annually and maintain a
30   report identifying each planned community created and located

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 1   within the municipality by the community's name and physical
 2   location and shall include:
 3             (1)   the total land area and number of units of the
 4      planned community; and
 5             (2)   to the extent reasonably available within county
 6      government, the infrastructure of each planned community,
 7      including information concerning the presence of sanitary
 8      sewer, water and storm water systems, recreation facilities
 9      and roadways.
10      * * *
11      Section 4.     Section 5201 of Title 68 is amended to read:
12   § 5201.    Creation of planned community.
13      A planned community may be created pursuant to this subpart
14   only by recording a declaration executed in the same manner as a
15   deed by all persons whose interests in the real estate will be
16   conveyed to unit owners and by every lessor of a lease, the
17   expiration or termination of which will terminate the planned
18   community or reduce its size. If the lessor is the Commonwealth,
19   a municipal government or any agency of either, the lessor need
20   not execute the declaration if it has previously given written
21   notice of its filing and agreed to be bound by the provisions of
22   this subpart, in which case the declaration shall be executed by
23   the lessee in possession of the subject property. The
24   declaration must be recorded in every county in which any
25   portion of the planned community is located, must be indexed in
26   the same records as are notarized for the recording of a deed
27   and shall identify each declarant as the grantor and the name of
28   the planned community as grantee. Upon the recording of the
29   declaration, the declarant shall submit to the planning agency
30   of each county in which the declaration is recorded a statement

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1   identifying, by name, physical location and municipality, the
2   planned community created, including the total land area and
3   number of units as well as the infrastructure of such planned
4   community, including information concerning the presence of
5   sanitary sewer, water and storm water systems, recreation
6   facilities and roadways.
7      Section 5.   This act shall take effect in 60 days.




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