(a) Title.--Except
as provided in subsection (b), each unit that has been created, together
with the interests, benefits and burdens created by the declaration, including,
without limitation, the rights to any common facilities, constitutes a separate
parcel of real estate. The conveyance or encumbrance of a unit includes
the transfer of all of the rights, title and interest of the owner of that
unit in the common facilities regardless of whether the instrument affecting
the conveyance or encumbrance so states.
(b) Taxation and
assessment.--If there is a unit owner other than a declarant, each unit
must be separately taxed and assessed. The value of a unit shall include
the value of that unit's appurtenant interest in the common facilities,
excluding convertible or withdrawable real estate. The following shall apply:
(1) Except as provided
in paragraph (2), no separate assessed value shall be attributed to and
no separate tax shall be imposed against common facilities or controlled
facilities.
(2) Convertible or
withdrawable real estate shall be separately taxed and assessed until the
expiration of the period during which conversion or withdrawal may occur.
(c) Certain additional
prohibitions.--
(1) An association
shall not impose any of the following fees against an owner or tenant of
a unit in a planned community or against any person constructing, altering,
renovating or repairing a unit in a planned community:
(i) a tapping, connection
or other impact fee in excess of the actual direct cost incurred by the
association for the connection or provision of water or sewer service to
a building or improvement;
(ii) any fee for
the right to construct, alter, renovate or repair a building or improvement
except for an inclusive fee for the actual direct costs to the association
of either:

(A)
architectural, aesthetic or landscaping plan reviews or inspections of units,
building siting and exteriors, if those reviews or inspections are required
by provisions of the declaration or association bylaws or rules and regulations
and if such provisions requiring a fee to be paid for such reviews or inspections
were in existence on or before December 31, 1995; or

(B)
if association imposed building construction standards or building codes
are permitted under section 5106 (relating to applicability of local ordinances,
regulations and building codes), building construction standards or building
code review; and
(iii) any impact
fee for road maintenance or road construction, except that the association
shall not be precluded from recovering the cost of repair of any damage
that is caused to roads or other common elements in the course of construction,
alteration, renovation or repair.
(2) Except as specifically
provided in this section, and notwithstanding any fees or fee schedules
or general rulemaking authority that existed prior to the effective date
of this paragraph, an association shall not have the power to impose any
fees or financial security related to construction, alteration, renovation
or repair of a unit or exercise an access easement under section 5218 (relating
to easement to facilitate completion, conversion and expansion).