(a) General rule.--To
withdraw withdrawable real estate from a flexible planned community pursuant
to an option reserved under section 5206 (relating to contents of declaration
for flexible planned communities), the declarant shall prepare, execute
and record an amendment to the declaration containing a legally sufficient
description of the real estate being withdrawn and stating the fact of withdrawal.
The amendment must reallocate votes in the association and common expense
liabilities to the remaining units in the planned community in proportion
to the respective votes and liabilities of those units before the withdrawal.
The reallocation is effective when the amendment is recorded.
(b) When withdrawal
prohibited.--If a portion of a planned community was described under section
5206, that portion may not be withdrawn if any person other than the declarant
owns a unit situated therein. If the portion was not so described, none
of it is withdrawable if any person other than the declarant owns a unit
situated therein.
(c) Liability for
expenses and right to income.--Until withdrawal occurs or the period during
which withdrawal may occur expires, whichever occurs first, the declarant
alone is liable for real estate taxes assessed against withdrawable real
estate and all other expenses in connection with that real estate. No other
unit owner and no other portion of the planned community is subject to a
claim for payment of those taxes or expenses. Unless the declaration provides
otherwise, any income or proceeds from withdrawable real estate inure to
the declarant.