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§ 7406. Unlawful restrictive covenants in declarations of common interest ownership communities

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 68 Pa.C.S.A. Real and Personal PropertyEffective: February 12, 2024

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 68 Pa.C.S.A. Real and Personal Property (Refs & Annos)
Part III. Residential Real Property
Chapter 74. Repudiation of Discriminatory Real Estate Covenants
Effective: February 12, 2024
68 Pa.C.S.A. § 7406
§ 7406. Unlawful restrictive covenants in declarations of common interest ownership communities
(a) Board vote for removal.--Notwithstanding any other provision of law, a board of a common interest ownership community may, upon receipt of an opinion by independent legal counsel, consider an unlawful restrictive covenant to be repudiated by a vote of a majority of the members of the board and without further need for a vote by unit owners or approval from lenders on individual units, thereby repudiating the unlawful restrictive covenant.
(b) Unit owner request for repudiation.--If a unit owner in a common interest ownership community submits a written request to the board to repudiate an unlawful restrictive covenant, the board shall, no later than 90 days after receipt of the request, hold a meeting to determine whether an unlawful restrictive covenant exists and should be repudiated. If the board finds that an unlawful restrictive covenant exists and should be repudiated, the board shall take swift action to record the repudiation form.

Credits

2023, Dec. 14, P.L. 428, No. 54, § 1, effective in 60 days [Feb. 12, 2024].
68 Pa.C.S.A. § 7406, PA ST 68 Pa.C.S.A. § 7406
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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