(a) General rule.--This
chapter applies to all units subject to this subpart, except as provided
in subsection (b) and section 5411 (relating to warranty against structural
defects) or as modified or waived by agreement of the purchaser of any unit
which is intended for nonresidential use at the time of sale of such unit
by the declarant or by agreement of purchasers of units in a planned community
who are or intend to be in the business of buying and selling planned community
units, provided that: (1) a purchaser of a unit intended for residential
use at the time of sale by the declarant may not modify or waive the provisions
of section 5411 with regard to such unit and the common elements; (2) with
regard to any limited common element appurtenant only to nonresidential
units, the unit owners of all such units have agreed to such modification
or waiver and, with regard to any common elements other than limited common
elements in a planned community in which all units are restricted to nonresidential
use, all unit owners have agreed to such modification or waiver; and (3)
no modification or waiver shall prevent any unit owner from indirectly benefiting
from any provision in this chapter by reason of such unit owner being a
unit owner in the planned community and a member of the association.
(b) Public offering
statements.--A public offering statement need not be prepared or delivered
in the case of:
(1) a gratuitous
transfer of a unit;
(2) a disposition
pursuant to court order;
(3) a disposition
by a government or governmental agency;
(4) a disposition
by foreclosure or deed in lieu of foreclosure;
(5) a disposition
of a unit situated wholly outside this Commonwealth pursuant to a contract
executed wholly outside this Commonwealth; or
(6) a transfer to
which section 5407 (relating to resales of units) applies.
(c) Resale certificates.--A
resale certificate as described in section 5407 need not be prepared or
delivered in the cases described in subsection (b)(1) through (5).
(d) Unified public
offering statement.--If a unit is part of two or more planned communities
or is part of a planned community and is part of any other real estate regime
in connection with the sale of which the delivery of a public offering statement
is required under the laws of this Commonwealth, a single public offering
statement conforming to the requirements of sections 5402 (relating to public
offering statement; general provisions), 5403 (relating to public offering
statement; time-share estates) and 5404 (relating to public offering statement;
planned communities containing conversion buildings), as those requirements
relate to any real estate regimes in which the unit is located and to any
other requirements imposed under the laws of this Commonwealth, may be prepared
and delivered in lieu of providing two or more public offering statements.
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