(a) Information
supplied by unit owner.--In the event of a resale of a unit by a unit owner
other than a declarant, the unit owner shall furnish to a purchaser before
execution of any contract for sale of a unit, or otherwise before conveyance,
a copy of the declaration (other than the plats and plans), the bylaws,
the rules or regulations of the association and a certificate containing:
(1) A statement disclosing
the effect on the proposed disposition of any right of first refusal or
other restraint on the free alienability of the unit.
(2) A statement setting
forth the amount of the monthly common expense assessment and any unpaid
common expense or special assessment currently due and payable from the
selling unit owner and any surplus fund credits to be applied with regard
to the unit pursuant to section 3313 (relating to surplus funds).
(3) A statement of
any other fees payable by unit owners.
(4) A statement of
any capital expenditures proposed by the association for the current and
two next succeeding fiscal years.
(5) A statement of
the amount of any reserves for capital expenditures and of any portions
of those reserves designated by the association for any specified project.
(6) The most recent
regularly prepared balance sheet and income and expense statement, if any,
of the association.
(7) The current operating
budget of the association.
(8) A statement of
any judgments against the association and the status of any pending suits
to which the association is a party.
(9) A statement describing
any insurance coverage provided for the benefit of unit owners.
(10) A statement
as to whether the executive board has knowledge that any alterations or
improvements to the unit or to the limited common elements assigned thereto
violate any provision of the declaration.
(11) A statement
as to whether the executive board has knowledge of any violations of applicable
governmental requirements or knowledge of the existence of any hazardous
conditions pursuant to section 3402(a)(26) (relating to public offering
statement; general provisions) or with respect to the unit, the limited
common elements assigned thereto or any other portion of the condominium.
(12) A statement
of the remaining term of any leasehold estate affecting the condominium
and the provisions governing any extension or renewal thereof.
(13) A statement
as to whether the declaration provides for cumulative voting or class voting.
(14) A statement
as to whether an agreement to terminate the condominium has been submitted
to the unit owners for approval and remains outstanding.
(15) A statement
of whether the condominium is a master association or is part of a master
association or could become a master association or part of a master association.
(16) A statement
describing which units, if any, may be owned in time-share estates and the
maximum number of time-share estates that may be created in the condominium.
(17) A statement
of whether the declarant retains the special declarant right to cause a
merger or consolidation of the condominium and, if so, the information describing
such right which was supplied by the declarant pursuant to section 3205(13)
(relating to contents of declaration; all condominiums), if any.
(b) Information
supplied by association.--The association, within ten days after a request
by a unit owner, shall furnish a certificate containing the information
and copies of documents necessary to enable the unit owner to comply with
this section. A unit owner providing a certificate pursuant to subsection
(a) is not liable to the purchaser for any erroneous information provided
by the association and included in the certificate.
(c) Liability for
error or inaction by association.--A purchaser is not liable for any unpaid
assessment or fee greater than the amount set forth in the certificate prepared
by the association. A unit owner is not liable to a purchaser for the failure
or delay of the association to provide the certificate in a timely manner.
(d) Purchase contract
voidable.--The purchase contract is voidable by the purchaser until the
certificate has been provided and for five days thereafter or until conveyance,
whichever first occurs.
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