(a) General rule.--Except
as provided in subsection (b), a public offering statement must contain
or fully and accurately disclose:
(1) The name and
principal address of the declarant and of the condominium.
(2) A general description
of the condominium, including without limitation the types, number and declarant's
schedule of commencement and completion of construction of all buildings,
units and amenities. The public offering statement shall also contain a
narrative description of the type and character of units offered, including
a statement of the degree of completion to be provided or undertaken by
the declarant of such units and the common elements necessary for use and
enjoyment of such units upon the conveyance by the declarant of the units
offered.
(3) The total number
of additional units that may be included in the condominium and the proportion
of units the declarant intends to rent or market in blocks of units to investors.
(4) A brief narrative
description of any options reserved by a declarant to withdraw withdrawable
real estate under section 3206(1) (relating to contents of declaration;
flexible condominiums) and the expected effects that withdrawal would have
on the remaining portion of the condominium.
(5) Copies and a
brief narrative description of the significant features of the declaration
(other than the plats and plans), and the bylaws, rules and regulations,
the agreement of sale, copies of any contracts and leases to be signed by
the purchasers prior to or at closing and a brief narrative description
of any other contracts or leases or agreements of a material nature to the
condominium that will or may be subject to cancellation by the association
under section 3305 (relating to termination of contracts and leases of declarant).
(6) Any current
balance sheet and a projected budget for the association, either within
or as an exhibit to the public offering statement, for one year after the
date of the first conveyance to a purchaser, and thereafter the current
budget of the association, a statement of who prepared the budget and a
statement of the budget's material assumptions, including those concerning
occupancy and inflation factors. The budget must include, without limitation:
(i) A statement
of the amount, or a statement that there is no amount, included in the budget
as a reserve for repairs and replacement
(ii) A statement
containing a description of any provisions made in the budget for reserves
for anticipated material capital expenditures or any other reserves or,
if no provision is made for reserves, a statement to that effect.
(iii) The projected
common expense assessment by category of expenditures for the association.
(iv) The projected
monthly common expense assessment for each type of unit.
(7) Any:
(i) services not
reflected in the budget that the declarant provides, or expenses that he
pays, and that he expects may become at any subsequent time a common expense
of the association; and
(ii) personal property
not owned by the association but provided by the declarant and being used
or to be used in the operation and enjoyment of the common elements which
is or will be required in connection with the operation and enjoyment of
the common elements after such personal property is no longer provided by
the declarant, and the projected common expense assessment for the association
and for each type of unit attributable to each of those services or expenses
and purchase or rental of such personal property.
(8) Any initial
or special fee due from the purchaser at closing together with a description
of the purpose and method of calculating the fee.
(9) A description
of any liens, defects or encumbrances on or affecting the title to the condominium.
(10) A description
of any financing for purchasers offered or arranged by the declarant.
(11) The terms and
significant limitations of any warranties provided by the declarant including
statutory warranties and limitations on the enforcement thereof or on damages.
(12) A statement
in at least ten-point bold face type, appearing on the first page of the
public offering statement, as follows:
(i) That within
15 days after receipt of a public offering statement, or within seven days
in the case of the sale of a time-share estate, or an amendment to the public
offering statement that materially and adversely affects the rights or obligations
of the purchaser, the purchaser, before conveyance, may cancel any contract
for purchase of a unit from a declarant.
(ii)
That if a declarant fails to provide a public offering statement, and any
amendments thereto, to a purchaser before conveying a unit, that purchaser
may recover from the declarant damages as provided in section 3406(c) (relating
to purchaser's right to cancel).
(iii) A description
of such damages.
(iv) That if a purchaser
receives the public offering statement more than 15 days before signing
a contract, he cannot cancel the contract, or more than seven days in the
case of the sale of a time-share estate, except that, in accordance with
subparagraph (i), he shall have the right to cancel the contract before
conveyance within 15 days (seven days in the case of the sale of a time-share
estate) after receipt of any amendment thereto that would have a material
and adverse effect on the rights or obligations of that purchaser.
(13) A statement
of any judgments against the association, the status of any pending suits
to which the association is a party and the status of any pending suits
material to the condominium of which a declarant has actual knowledge.
(14) A statement
that any deposit made in connection with the purchase of a unit will be
held in an escrow account in accordance with the provisions of section 3408
(relating to escrow of deposits) and will be returned to the purchaser if
the purchaser cancels the contract pursuant to section 3406.
(15) Any restraints
on alienation of any portion of the condominium.
(16) A description
of all insurance coverage provided or intended to be provided if such insurance
is not then in effect for the benefit of unit owners, including the types
and extent of coverage and the extent to which such coverage includes or
excludes improvements or betterments made to units.
(17) Any current
or expected fees or charges to be paid by unit owners for the use of the
common elements and other facilities related to the condominium.
(18) The extent
to which financial arrangements have been provided for completion of all
improvements labeled "MUST BE BUILT" pursuant to section 3414 (relating
to declarant's obligation to complete and restore).
(19) All unusual
and material circumstances, features and characteristics of the condominium
and the units.
(20) In the case
of a leasehold condominium, at least the following information:
(i) The name and
address of each lessor and his assignee, if any.
(ii) Any relationship
between the declarant and any lessor or assignee. (iii) A description of
the leased property.
(iv) The rent and
any provision in the lease for increases in the rent and any other charges
or payments required to be paid by the lessee under the lease.
(v) Whether the
lessee has any right to terminate the lease.
(vi) The information
contained in the declaration as required by section 3207(a) (relating to
leasehold condominiums).
(vii) The following
notice in bold type: "Purchasers should be aware that this is a leasehold
condominium and the purchaser's interest therein may be less valuable than
a fee interest, may depreciate over time and may be of questionable marketability."
(21) A statement
containing a declaration as to the present condition of all structural components
and major utility installations in the subject property, including the dates
of construction, installation and major repairs if known or ascertainable,
and the expected useful life of each item, together with the estimated cost
(in current dollars) of replacing each of the same.
(22) A description
of how votes are allocated among the units and a statement as to whether
cumulative or class voting is permitted and, if so, under what circumstances.
Such statement shall also explain the operation of such cumulative or class
voting.
(23) A description
of any circumstances under which the association is to become a master association
or part of a master association.
(24) A statement
of all governmental approvals and permits required for the use and occupancy
of the condominium indicating the name and expiration date of each such
approval or permit that has been obtained and, as to any governmental approvals
or permits that have not been obtained, a statement indicating when each
such permit or approval is expected to be obtained and the person who shall
bear the expense of obtaining each such permit or approval.
(25) A statement
as to whether there are any outstanding and uncured notices of violations
of governmental requirements and, if there are any such notices of violations,
a description of the alleged violation and a statement indicating when each
violation is expected to be cured and the person who shall bear the expense
of curing such violation.
(26) A statement
as to whether the declarant has knowledge of any one or more of the following:
(i) Hazardous conditions,
including contamination affecting the condominium site by hazardous substances,
hazardous wastes or the like, or the existence of underground storage tanks
for petroleum products or other hazardous substances.
(ii) Any investigation
conducted to determine the presence of hazardous conditions on or affecting
the condominium site.
(iii) Any finding
or action recommended to be taken in the report of any such investigation
or by any governmental body, agency or authority in order to correct any
hazardous conditions, and any action taken pursuant to those recommendations.
If the declarant has no knowledge of such matters, the declarant shall make
a statement to that effect. Declarant shall also set forth the address and
phone number of the regional offices of the Department of Environmental
Resources and the United States Environmental Protection Agency where information
concerning environmental conditions affecting the condominium site may be
obtained.
(b) Exceptions.--If
a condominium composed of not more than 12 units is not a flexible condominium
and no power is reserved to a declarant to make the condominium part of
a larger condominium, group of condominiums or other real estate, a public
offering statement may but need not include the information otherwise required
by subsection (a)(3), (4) and (18) and the narrative descriptions of documents
required by subsection (a)(5).
(c) Amendment for
material change in information.--A declarant promptly shall amend the public
offering statement to report any material change in the information required
by this section.