(a) Completing
improvements.--The declarant shall complete all improvements labeled "MUST
BE BUILT" on plats or plans prepared pursuant to section 5210 (relating
to plats and plans).
(b) Repair and restoration.--The
declarant is subject to liability for the prompt repair and restoration,
to a condition compatible with the remainder of the planned community, of
any portion of the planned community affected by the exercise of rights
reserved pursuant to or created by section 5211 (relating to conversion
and expansion of flexible planned communities), 5212 (relating to withdrawal
of withdrawable real estate), 5217 (relating to declarant offices, models
and signs) and 5218 (relating to easement to facilitate completion, conversion
and expansion).
(c) Substantial
completion prerequisite to conveyance.--A unit which is part of or constitutes
a structure shall not be conveyed to a person other than a successor to
any special declarant rights unless all structural components and common
element mechanical systems of the structure containing or constituting such
unit or units are substantially completed to the extent required of the
declarant so as to permit the use of such unit or units and any limited
common elements appurtenant thereto for their intended use. Such substantial
completion shall be evidenced by a recorded certification of completion
executed by an independent registered surveyor, architect or professional
engineer with regard to any such structure.
(d) Substantial
completion of unit.--No interest in a unit shall be conveyed to a person
other than a successor to any special declarant rights until the unit is
substantially completed in accordance with the descriptions set forth in
both the declaration under section 5205 (relating to contents of declaration;
all planned communities) and in the public offering statement under section
5402(a) (relating to public offering statement; general provisions), as
evidenced by a recorded certificate of completion executed by an independent
registered surveyor, architect or professional engineer.
(e) Construction
of section.--Nothing contained in this subpart shall prevent the offering
for sale of a unit or interest in a unit or the execution of any agreement
to sell and purchase a unit or any interest in a unit (as opposed to actual
conveyance) prior to the completion of the unit or any other portion of
the planned community.
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