§ 3106. Applicability of local ordinances, regulations and building codes
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 68 Pa.C.S.A. Real and Personal PropertyEffective: September 8, 2015
Effective: September 8, 2015
68 Pa.C.S.A. § 3106
§ 3106. Applicability of local ordinances, regulations and building codes
(a) General rule.--A zoning, subdivision, building code or other real estate use law, ordinance or regulation may not prohibit the condominium form of ownership or impose any requirement upon a condominium which it would not impose upon a physically identical development under a different form of ownership.
(c) Status.--The creation of a condominium pursuant to section 3201 (relating to creation of condominium) out of an entire lot, parcel or tract of real estate which has previously received approval for land development or subdivision, as those terms are defined in section 107 of the act of July 31, 1968 (P.L. 805, No. 247),1 known as the Pennsylvania Municipalities Planning Code, or the conveyance of units in the condominium, shall not, in and of itself, constitute a subdivision or land development, for the purposes of subdivision, land development or other laws, ordinances and regulations.
(2) Any person creating a condominium out of a vacant parcel or tract of real estate which has not been subject to subdivision or land development approval shall submit a copy of the condominium declaration and condominium plan to all municipalities in which the parcel or tract of real estate is located, unless the creation of the condominium is for an estate planning purpose of conveying units to family members or an entity controlled by family members so that the conveyance would not be subject to realty transfer taxes pursuant to Article XI-C of the act of March 4, 1971 (P.L. 6, No. 2),2 known as the Tax Reform Code of 1971.
Credits
1980, July 2, P.L. 286, No. 82, § 1, effective in 120 days. Amended 2015, July 10, P.L. 168, No. 38, § 1, effective in 60 days [Sept. 8, 2015].
68 Pa.C.S.A. § 3106, PA ST 68 Pa.C.S.A. § 3106
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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