A planned community
may be created pursuant to this subpart only by recording a declaration
executed in the same manner as a deed by all persons whose interests in
the real estate will be conveyed to unit owners and by every lessor of a
lease, the expiration or termination of which will terminate the planned
community or reduce its size. If the lessor is the Commonwealth, a municipal
government or any agency of either, the lessor need not execute the declaration
if it has previously given written notice of its filing and agreed to be
bound by the provisions of this subpart, in which case the declaration shall
be executed by the lessee in possession of the subject property. The declaration
must be recorded in every county in which any portion of the planned community
is located, must be indexed in the same records as are notarized for the
recording of a deed and shall identify each declarant as the grantor and
the name of the planned community as grantee.