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Code of the Township of Abington                                    [ Back to Table of Contents ]

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PART II GENERAL LEGISLATION: Chapter 103, CONDOMINIUMS

[HISTORY: Adopted by the Board of Commissioners of the Township of Abington 3-13-1980 by Ord. No. 1504. Amendments noted where applicable.]

GENERAL REFERENCES

Building construction -- See Ch. 62.

Garbage, rubbish and refuse -- See Ch. 92.

Housing standards -- See Ch. 98.

Subdivision of land -- See Ch. 146.

Zoning -- See Ch. 162.

ARTICLE I, General Provisions

103-1. Approval of certain documents required.

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.

103-2. Declaration.

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:

(1) A reference to the Unit Property Act of Pennsylvania, Act of July 3, 1963, P.L. 196, and an expression of the intention to submit the property to the provisions of the Unit Property Act.EN

(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:

(1) Three copies will be returned to the applicant for his files and for submission to the office of the Recorder of Deeds of Montgomery County and the County Planning Commission.

(2) One copy will be retained in the township files.

D. Amendments. Amendments to the declaration shall follow the same procedure outlined above.

103-3. Declaration plan.

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:

(1) Three copies will be returned to the applicant for his files and for submission to the office of the Recorder of Deeds of Montgomery County and the County Planning Commission.

(2) One copy will be retained in the township files.

D. Amendments. Amendments to the declaration plan shall follow the same procedure outlined above.

103-4. Code of Regulations.

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:

(1) Three copies will be returned to the applicant for his files and for submission to the office of the Recorder of Deeds of Montgomery County.

(2) One copy will be retained in the township files.

D. Amendments. Amendments to the Code of Regulations shall follow the same procedure outlined above.

ARTICLE II, Conversions

103-5. Provisions, restrictions and benefits.

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.

103-6. Enforcement.

This chapter shall be enforced by the Township Manager or his authorized designees.

103-7. Violations and penalties.

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.

103-8. Service of process; designation of Zoning Officer as agent.

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.EN

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.

103-9. Additional remedies.

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.

103-10. Applicability.

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.

103-11. Construal.

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.

103-12. Severability.

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.

103-13. When effective.

This chapter shall take effect and be in force from and after its approval as required by law.