HB 1377 — 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.   1574

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1377
                                               Session of
                                                 2025

     INTRODUCED BY BRENNAN, HILL-EVANS, SANCHEZ, NEILSON AND CEPEDA-
        FREYTIZ, MAY 2, 2025

     REFERRED TO COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT,
        MAY 2, 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),
 1   known as the Pennsylvania Municipalities Planning Code, a
 2   planning agency of the county in which any portion of a
 3   condominium is located shall prepare annually and maintain a
 4   report identifying each condominium created and located within
 5   the municipality by the condominium's name and physical location
 6   and shall include:
 7             (1)   the total land area and number of units of the
 8      condominium; and
 9             (2)   to the extent reasonably available within the county
10      government, the infrastructure of each condominium, including
11      information concerning the presence of sanitary sewer, water
12      and storm water systems, recreation facilities and roadways.
13      * * *
14      Section 2.     Sections 3201 and 4106 of Title 68 are amended to
15   read:
16   § 3201.    Creation of condominium.
17      A condominium may be created pursuant to this subpart only by
18   recording a declaration executed, in the same manner as a deed,
19   by all persons whose interests in the real estate will be
20   conveyed to unit owners and by every lessor of a lease the
21   expiration or termination of which will terminate the
22   condominium or reduce its size, provided, however, in any such
23   lease wherein the lessor is the Commonwealth of Pennsylvania, a
24   municipal government or any agency thereof, said lessor need not
25   execute the declaration if they shall have previously given
26   written consent to its filing and agreed to be bound by the
27   provisions of the Pennsylvania Uniform Condominium Act, in which
28   case said declaration shall be executed by the lessee then in
29   possession of the subject property. The declaration shall be
30   recorded in every county in which any portion of the condominium

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

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

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

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




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