(a) General rule.--To
withdraw withdrawable real estate from a flexible condominium pursuant to
an option reserved under section 3206(1) (relating to contents of declaration;
flexible condominiums), the declarant shall prepare, execute and record
an amendment to the declaration containing a legally sufficient description
of the real estate being withdrawn and stating the fact of withdrawal. The
amendment must reallocate common element interests, votes in the association
and common expense liabilities to the remaining units in the condominium
in proportion to the respective interests, votes and liabilities of those
units before the withdrawal, and the reallocation is effective when the
amendment is recorded.
(b) When withdrawal
prohibited.--If a portion of the withdrawable real estate was described
pursuant to section 3206(6), that portion may not be withdrawn if any person
other than the declarant owns a unit situated therein. If the portion was
not so described, none of it is withdrawable if any person other than the
declarant owns a unit situated therein.
(c) Liability for
expenses and right to income.--Until withdrawal occurs or the period during
which withdrawal may occur expires, whichever occurs first, the declarant
alone is liable for real estate taxes assessed against withdrawable real
estate and all other expenses in connection with that real estate. No other
unit owner and no other portion of the condominium is subject to a claim
for payment of those taxes or expenses. Unless the declaration provides
otherwise, any income or proceeds from withdrawable real estate inures to
the declarant.