§ 1105. Appointment of conservator
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 68 P.S. Real and Personal PropertyEffective: December 22, 2014
Effective: December 22, 2014
68 P.S. § 1105
§ 1105. Appointment of conservator
(d) Conditions for conservatorship.--If a petition is filed under section 4,1 the court may appoint a conservator if all of the following apply as of the date of filing:
(4) The current owner fails to present sufficient evidence that he has acquired the property within the preceding six months. The evidence shall not include instances where the prior owner is a member of the immediate family of the current owner, unless the transfer of title results from the death of the prior owner, or where the current or prior owner is a corporation, partnership or other entity in which either owner or the immediate family of either owner has an interest in excess of 5%.
(viii) The dilapidated appearance or other condition of the building negatively affects the economic well-being of residents and businesses in close proximity to the building, including decreases in property value and loss of business, and the owner has failed to take reasonable and necessary measures to remedy appearance or the condition.
(1) If the court determines after a hearing that the property has met the conditions of subsection (d), the court may appoint a conservator, certify the schedule of encumbrances and grant such other relief as may be just and appropriate. The certification shall be binding with respect to all mortgages, liens and encumbrances, including municipal liens, arising or attaching to the property prior to the date of the petition.
(3) In the event the senior lienholder is found to be not competent or declines the appointment, the court may appoint a nonprofit corporation or other competent entity. If the property is located in a city of the first class, the nonprofit corporation or entity must be located in the city and must have participated in a project within a five-mile radius of the location of the property. In appointing a conservator, the court shall:
(1) If the court finds after a hearing that the conditions for conservatorship set forth in subsection (d) have been established, but the owner represents that the conditions, violations or nuisance or emergency condition will be abated in a reasonable period, the court may allow the owner to proceed to remedy the conditions.
(2) If the conditions set forth in paragraph (1) have been satisfied, the court shall enter an order providing that, in the event that the violations or nuisance or emergency conditions are not abated by the owner by a specific date or that other specified remedial activities have not occurred by a specific date or dates, an order granting the relief requested in the petition shall be entered.
the owner shall reimburse the petitioner for all costs incurred by the petitioner in preparing and filing the petition in accordance with the requirements of section 4 and the conservator's or developer's fee.
Credits
2008, Nov. 26, P.L. 1672, No. 135, § 5, effective in 90 days [Feb. 24, 2009]. Amended 2014, Oct. 22, P.L. 2557, No. 157, § 3, effective in 60 days [Dec. 22, 2014].
Footnotes
68 P.S. § 1104.
68 P.S. § 1105, PA ST 68 P.S. § 1105
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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