The declaration
for a planned community must contain:
(1) The name of the planned community, which must include the words "planned community" or be followed by the words "a planned community."
(2) The name of every county in which any part of the planned community is situated.
(3) A legally sufficient description of the real estate included in the planned community.
(4) A description or delineation of the boundaries of each unit, including the unit's identifying number.
(5) A statement of the maximum number of units that may be created by the subdivision or conversion of units owned by the declarant pursuant to section 5215 (relating to subdivision or conversion of units).
(6) A description of any controlled facilities and the obligations of the association for the maintenance, improvement, repair, replacement, regulation, management, insurance or control of the controlled facilities.
(7) A description of any limited common facilities and any limited controlled facilities as provided in section 5209 (relating to limited common elements) and limited common expenses, if any, and how they are assessed.
(8) A description of any common facilities and controlled facilities not within the boundaries of any convertible real estate which may be allocated subsequently as limited common facilities or limited controlled facilities, with a statement that they may be so allocated and a description of the method by which the allocations are to be made.
(9) An allocation to each unit of a portion of the votes in the association and a percentage or fraction of the common expenses of the association in section 5208 (relating to allocation of votes and common expense liabilities).
(10) Any restrictions created by the declarant on use, occupancy and alienation of the units and any easement or license rights that unit owners are to have with respect to the use or enjoyment of any of the common elements and that are not contained in other documents which are recorded.
(11) The recording data for recorded easements and licenses appurtenant to or included in the planned community or to which any portion of the planned community is or may become subject.
(12) If all or any of the units are or may be owned in time-share estates, which units may be owned in time-share estates and the maximum number of time- share estates that may be created in the planned community, it being intended that time-share estates shall not be permitted except if and to the extent expressly authorized by the declaration.
(13) If the declarant wishes to retain the special declarant right to cause
section 5222 (relating to master associations) to become applicable to a
planned community, then:
(i) an explicit
reservation of such right;
(ii) a statement
of the time limit, not exceeding seven years after the recording of the
declaration, upon which the option reserved under subparagraph (i) will
lapse, together with and a statement of any circumstances that will terminate
the option before the expiration of the time limit; and
(iii) the information
required to be included in the declaration by the provisions of section
5222.
(14) If the declarant wishes to retain the special declarant right to merge
or consolidate the planned community pursuant to section 5223 (relating
to merger or consolidation of planned community), then all of the following:
(i) An explicit
reservation of such right.
(ii) A statement
of the time limit, not exceeding seven years after the recording of the
declaration, upon which any option reserved under subparagraph (i) will
lapse, together with a statement of any circumstances that will terminate
the option before the expiration of the time limit.
(iii) A statement
of the name and location of each other planned community that may be subject
to such a merger or consolidation. If such other planned communities do
not exist, then the declaration shall include the following:
(A) A statement of
the extent to which the interest in the association, relative voting strength
in the association and share of common expense liability of each unit in
the planned community at the time the merger or consolidation is effectuated
may be increased or decreased by actions pursuant to any option reserved
under subparagraph (i), including the formulas to be used for those reallocations.
(B) Legally sufficient
descriptions of each portion of real estate that is part of any other planned
communities with which the planned community may merge or consolidate.
(C) If mergers or
consolidations may be effectuated at different times, a statement to that
effect, together with: (I) either a statement fixing the boundaries of those
planned communities and regulating the order in which they may be merged
or consolidated or a statement that no assurances are made in those regards;
and (II) a statement as to whether, if any other planned communities are
merged or consolidated with the planned community, all or any of such planned
communities must be merged or consolidated.
(D) A statement of:
(I) the maximum number of units that may be created within the other planned
communities, the boundaries of which are fixed under clause (C); (II) how
many of those units will be restricted exclusively to residential use; and
(III) the maximum number of units per acre that may be created within any
such other planned communities, the boundaries of which are not fixed under
clause(C).
(E) If any of the
units that may be built within any of the other planned communities are
not to be restricted exclusively to residential use, a statement with respect
to each other planned community of the maximum percentage of the real estate
areas and the maximum percentage of the floor areas of all units that may
be created in the planned community that are not restricted exclusively
to residential use.
(F) A statement
of the extent to which any buildings and units that may be part of the other
planned communities will be compatible with the other buildings and units
in the planned community in terms of architectural style, quality of construction,
principal materials employed in construction and size or a statement that
no assurances are made in those regards.
(G) A statement
that all restrictions in the declaration affecting use, occupancy and alienation
of units will apply to units created within any of the other planned communities
or a statement of any differentiations that may be made as to those units.
(H) General descriptions
of all other improvements and limited common elements that may be made or
created within the other planned communities or a statement that no assurances
are made in that regard.
(I) A statement
of any limitations as to the locations of any buildings or other improvements
that may be made within the other planned communities or a statement that
no assurances are made in that regard.
(J) A statement
that any limited common elements created within any other planned communities
will be of the same general types and sizes as those within the planned
community, a statement of any other assurances in that regard or a statement
that no assurances are made in that regard.
(K) A statement
that the proportion of limited common elements to units created within the
other planned communities will be approximately equal to the proportion
existing within the planned community, a statement of any assurances in
that regard or a statement that no assurances are made in that regard.
(L) A statement
of whether and to what extent assurances made in the declaration regarding
the other planned communities under clauses (C) through (K) apply if the
other planned communities are not merged or consolidated with the planned
community.
(iv) A summary description
of the other provisions which materially change any rights, obligations
or liabilities that will be included in the agreement of merger or consolidation
if the right to merge or to consolidate is exercised.
(15) If a declarant wishes to retain the right to subject any portion of the planned community to an easement or license in favor of any real estate not included in the planned community or in favor of any person who is not an owner or occupant of a unit in the planned community, then an explicit reservation and description of such right and a description of the effects on the association and the unit owners of the easement or license, including, without limitation, any impact on the budget of the association.
(16) If a declarant wishes to retain the right to designate as a common
facility any portion of a planned community or any improvement or facility
then existing or contemplated for a planned community, then all of the following:
(i) An explicit
reservation of such right and an identification and description of the portion
of the planned community, improvement or facility.
(ii)
A statement of when any portion of a planned community, improvement or facility
will become a common facility and that the portion will be conveyed or leased
to the association by the declarant or a successor to the interest of the
declarant in the portion by the later of the date of conveyance or lease
by the declarant of the last unit the declarant reserves the right to include
in the planned community or the date of expiration of the rights under section
5211 (relating to conversion and expansion of flexible planned communities).
(iii) A statement
that the obligation of the declarant to convey or lease to the association
a portion of the planned community, improvement or facility shall be binding
on the declarant and any successor in interest of the declarant in the portion
whether or not the successor succeeds to any special declarant right.
(iv) A statement
of who will own the portion of the planned community, improvement or facility
before a conveyance or lease to the association.
(v) A description
of the procedure to be followed by the declarant and the association for
the conveyance or lease to the association.
(vi) A statement
that the portion of the planned community, improvement or facility will
be conveyed or leased to the association for no consideration or, if additional
consideration is to be given by the association for the conveyance, a description
of the consideration and a description of the effects on the association
and each unit owner of the association providing the consideration, including
the impact on the budget of the association and common expense or other
liabilities of the unit owners
(vii) A description
of the effect of the conveyance or lease to the association of the portion
of the planned community, improvement or facility on the expenses and budget
of the association and the common expense liability of the unit owners.
(viii) A statement
that no conveyance or lease to the association of any portion of the planned
community, improvement or facility shall occur until the portion has been
completed unless a third-party guarantee, bond, escrow, letter of credit
or other mechanism assuring completion has been provided by the declarant,
in addition to the declarant's own guarantee of completion, for the benefit
of the association and a statement that the third-party mechanism and the
declarant's own guarantee shall not expire until completion of the portion
of the planned community, improvement or facility.
(ix) As to any uncompleted
improvement or facility that may become a common facility:
(A) a statement
of the time for completion of such improvement or facility;
(B) a statement
that a declarant is required to complete such improvement or facility by
the later of the date of the conveyance or lease by the declarant of the
last unit the declarant reserves the right to include in the planned community
or the date of the expiration of the rights under section 5211;
(C) a statement that,
until the facility or improvement is completed, the declarant shall be solely
responsible for real estate taxes assessed against or allocable to the improvement
or facility and f
(D) a description
of any third-party guarantee, bond, escrow, letter of credit or other mechanism
that the declarant shall provide, in addition to the declarant's own guarantee
of completion, to assure, for the benefit of the association, completion
of the improvement or facility and a statement of the time limit, if any,
of the term of such third-party guarantee, bond, escrow, letter of credit
or other mechanism or, if no such mechanism is to be provided by the declarant,
an explicit statement that no third-party guarantee, bond, escrow, letter
of credit or other mechanism shall be provided by the declarant, and only
the declarant's own guarantee shall be provided to assure completion of
the improvement or facility.
(x) A statement
that any portion of the planned community, an improvement or facility will
be deemed to be completed upon the recording of a certificate executed by
an independent registered surveyor, architect or professional engineer stating
that the portion of the planned community, improvement or facility is substantially
completed in accordance with the descriptions set forth in the declaration,
the plats and plans and the public offering statement and so as to permit
the use of such portion of the planned community, improvement or facility
for its intended use.
(17) Any other matters the declarant deems appropriate.
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