(a) General rule.--Except
as provided in subsection (b), a public offering statement must contain
or fully and accurately disclose:
(1) The name and
principal address of the declarant and of the planned community.
(2) A general description
of the planned community, including, without limitation, the types, number
and declarant's schedule of commencement and completion of construction
of all buildings, units and amenities.
(3) A narrative description
of the type and character of units offered, including a statement of the
degree of completion to be provided or undertaken by the declarant of such
units and the common elements necessary for use and enjoyment of such units
upon the conveyance by the declarant of units offered.
(4) The total number
of additional units that may be included in the planned community and the
proportion of units the declarant intends to rent or market in blocks of
units to investors.
(5) A brief narrative
description of any options reserved by a declarant to withdraw withdrawable
real estate under section 5206(1) (relating to contents of declaration for
flexible planned communities) and the expected effect that withdrawal would
have on the remaining portion of the planned community.
(6) Copies and a
brief narrative description of the significant features of the declaration,
other than the plats and plans, and the bylaws, rules and regulations, agreement
of sale, copies of any contracts and leases to be signed by the purchasers
prior to or at closing and a brief narrative description of any other contracts
or leases or agreements of a material nature to the planned community that
will or may be subject to cancellation by the association under section
5305 (relating to termination of contracts and leases of declarant).
(7) Any current balance
sheet and a projected budget for the association, either within or as an
exhibit to the public offering statement, for one year after the date of
the first conveyance to a purchaser and thereafter the current budget of
the association, a statement of who prepared the budget, and a statement
of the budget's material assumptions, including those concerning occupancy
and inflation factors.
The budget must include, without limitation:
(i) A statement of
the amount, or a statement that there is no amount, included in the budget
as a reserve for repairs and replacement.
(ii) A statement
containing a description of any provisions made in the budget for reserves
for anticipated material capital expenditures or any other reserves or,
if no provision is made for reserves, a statement to that effect.
(iii) The projected
common expense assessment by category of expenditures for the association.
(iv) The projected
monthly common expense assessment for each type of unit.
(8) Any of the following:
(i) Services not
reflected in the budget that the declarant provides or expenses that the
declarant pays and that the declarant expects may become at any subsequent
time a common expense of the association.
(ii) Personal property
not owned by the association but provided by the declarant and being used
or to be used in the operation and enjoyment of the common elements which
is or will be required in connection with the operation and enjoyment of
the common elements after such personal property is no longer provided by
the declarant and the projected common expense assessment for the association
and for each type of unit attributable to each of those services or expenses
and purchase or rental of such personal property.
(9) Any initial or
special fee due from the purchaser at closing, together with a description
of the purpose and method of calculating the fee.
(10) A description
of any liens, defects or encumbrances on or affecting the title to the planned
community.
(11) A description
of any financing for purchasers offered or arranged by the declarant.
(12) The terms and
significant limitations of any warranties provided by the declarant, including
statutory warranties and limitations on the enforcement thereof or on damages.
(13) A statement
in at least ten-point boldface type, appearing on the first page of the
public offering statement, as follows:
(i) That, within
seven days after receipt of a public offering statement or an amendment
to the public offering statement that materially and adversely affects the
rights or obligations of the purchaser, the purchaser, before conveyance,
may cancel any contract for purchase of a unit from a declarant.
(ii) That, if a declarant
fails to provide a public offering statement and any amendments to a purchaser
before conveying a unit, the purchaser may recover from the declarant damages
as provided in section 5406(c) (relating to purchaser's right to cancel).
(iii) A description
of damages under section 5406(c).
(iv) That, if a purchaser
receives the public offering statement more than seven days before signing
a contract, the purchaser cannot cancel the contract unless there is an
amendment to the public offering statement that would have a material and
adverse effect on the rights or obligations of that purchaser.
(14) A statement
of any judgments against the association, the status of any pending suits
to which the association is a party and the status of any pending suits
material to the planned community of which a declarant has actual knowledge.
(15) A statement
that any deposit made in connection with the purchase of a unit will be
held in an escrow account in accordance with the provisions of section 5408
(relating to escrow of deposits) and will be returned to the purchaser if
the purchaser cancels the contract pursuant to section 5406.
(16) Any restraints
on alienation of any portion of the planned community.
(17) A description
of all insurance coverage provided or intended to be provided, if such insurance
is not then in effect, for the benefit of unit owners, including the types
and extent of coverage and the extent to which such coverage includes or
excludes improvements or betterments made to units, in accordance with section
5312 (relating to insurance).
(18) Any current
or expected fees or charges to be paid by unit owners for the use of the
common elements and other facilities related to the planned community.
(19) The extent to
which financial arrangements have been provided for completion of all improvements
labeled "MUST BE BUILT" under section 5414 (relating to declarant's
obligation to complete and restore).
(20) All unusual and material circumstances, features and characteristics
of the planned community and the units.
(21) In the case
of a leasehold planned community, at least the following information:
(i) The name and
address of each lessor and his assignee, if any.
(ii) Any relationship
between the declarant and any lessor or assignee.
(iii) A description
of the leased property.
(iv) The rent and
any provision in the lease for increases in the rent and any other charges
or payments required to be paid by the lessee under the lease.
(v) Whether the lessee
has any right to terminate the lease.
(vi) The information
contained in the declaration as required by section 5207(a) (relating to
leasehold planned communities).
(vii) The following
notice in boldface type: "Purchasers should be aware that this is a
leasehold planned community, and the purchaser's interest therein may be
less valuable than a fee interest, may depreciate over time and may be of
questionable marketability."
(22) A statement
containing a declaration as to the present condition of all structural components
and major utility installations in the subject property, including the dates
of construction, installation and major repairs, if known or ascertainable,
and the expected useful life of each item, together with the estimated cost
in current dollars of replacing each of the same.