Pennsylvania Consolidated Statutes

68 Pa. Cons. Stat. § 3201 (2026)

 Creation of condominium.

✓ current as of May 2026
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CHAPTER 32

CREATION, ALTERATION AND TERMINATION

OF CONDOMINIUMS

 

Sec.

3201.  Creation of condominium.

3202.  Unit boundaries.

3203.  Construction and validity of declaration and bylaws.

3204.  Description of units.

3205.  Contents of declaration; all condominiums.

3206.  Contents of declaration; flexible condominiums.

3207.  Leasehold condominiums.

3208.  Allocation of common element interests, votes and common expense liabilities.

3209.  Limited common elements.

3210.  Plats and plans.

3211.  Conversion and expansion of flexible condominiums.

3212.  Withdrawal of withdrawable real estate.

3213.  Alterations of units.

3214.  Relocation of boundaries between adjoining units.

3215.  Subdivision or conversion of units.

3216.  Easement for encroachments.

3217.  Declarant's offices, models and signs.

3218.  Easement to facilitate completion, conversion and expansion.

3219.  Amendment of declaration.

3220.  Termination of condominium.

3221.  Rights of secured lenders.

3222.  Master associations.

3223.  Merger or consolidation of condominiums.

 

Enactment.  Chapter 32 was added July 2, 1980, P.L.286, No.82, effective in 120 days.

§ 3201.  Creation of condominium.

A condominium may be created pursuant to this subpart only by recording a declaration executed, in the same manner as a deed, by all persons whose interests in the real estate will be conveyed to unit owners and by every lessor of a lease the expiration or termination of which will terminate the condominium or reduce its size, provided, however, in any such lease wherein the lessor is the Commonwealth of Pennsylvania, a municipal government or any agency thereof, said lessor need not execute the declaration if they shall have previously given written consent to its filing and agreed to be bound by the provisions of the Pennsylvania Uniform Condominium Act, in which case said declaration shall be executed by the lessee then in possession of the subject property. The declaration shall be recorded in every county in which any portion of the condominium is located in the same records as are maintained for the recording of deeds of real property and shall be indexed against each declarant as the grantor and the name of the condominium as the grantee.

(Dec. 18, 1992, P.L.1279, No.168, eff. 45 days)

 

Cross References.  Section 3201 is referred to in section 3106 of this title.

Notes of Decisions
Cited in 9 cases, 1999–2019 · leading case: Metroclub Condo. Ass'n v. 201-59 North Eighth Street Assocs., 47 A.3d 137 (Pa. Super. Ct. 2012).
Metroclub Condo. Ass'n v. 201-59 North Eighth Street Assocs., 47 A.3d 137 (Pa. Super. Ct. 2012). · cites it 2× “See 68 Pa.C.S. § 3201 (“Creation of condominium”); Declaration § 1.”
Condo. Ass'n Court of Old Swedes v. Stein-O'Brien, 973 A.2d 475 (Pa. Commw. Ct. 2009). · cites it 2× “8 A condominium is created by the filing of a declaration, 68 Pa. C.S. § 3201, 9 and the rules of condominium ownership are governed by the enabling statute, the terms of the condominium declaration, and the condominium association’s by-laws, if any.”
Cunius v. Bd. of Assessment Appeals, 976 A.2d 635 (Pa. Commw. Ct. 2009). “68 Pa.C.S. § 3201. 10 The declaration is recorded in the same manner as a deed.”
Mayflower Square Condo. Ass'n v. KMALM, Inc., 724 A.2d 389 (Pa. Commw. Ct. 1999). “KMALM argues, however, that the units could not have been legally created in 1987 or subsequently sold to a third party due to Mayflower Associates’ failure to comply with Section 3201(b) and (c) of the Act, 68 Pa.C.S. §3201(b) and (c), then in effect, which provided in…”
Cmty. Ass'n Underwriters of Am. v. Rhodes Dev. Grp., Inc., 488 F. App'x 547 (3rd Cir. 2012). “Moreover, the District Court erred in considering the Declaration of Condominium filed by Waverly Woods pursuant to 68 Pa.C.S. § 3201 as evidence of the parties’ intent to benefit Park View.”
Tivoli Condo. Ass'n v. Rodin Parking Partners, L.P., 109 A.3d 344 (Pa. Commw. Ct. 2015). “Section 3201 of the Condominium Act, 68 Pa.C.S. § 3201, provides that “[a] condominium may be created .”
J.R. Cellucci & E.H. Cellucci, his wife v. Laurel Homeowners Assoc. (Pa. Commw. Ct. 2019). · cites it 6× “68 Pa.C.S. §3201, Uniform Law Comments, n.”
Cmty. Ass'n Underwriters of Am., Inc. v. Rhodes Dev. Grp., Inc., 805 F. Supp. 2d 95 (M.D. Penn. 2011). · cites it 2× “68 Pa.C.S. § 3201. 7 Here, by entering into a contract to construct condominiums, it logically follows that Waverly Woods and R & L intended to create a condominium pursuant to the Act.”
Dr. P.M. Assalita v. Midtown Square Condo. Assoc., 203 A.3d 1128 (Pa. Commw. Ct. 2019). “" 68 Pa.C.S. § 3201. Notably, "[t]he declaration shall be recorded in every county in which any portion of the condominium is located in the same records as are maintained for the recording of deeds of real property[.”
— 68 Pa. Cons. Stat. § 3201(b) — 1 case
Mayflower Square Condo. Ass'n v. KMALM, Inc., 724 A.2d 389 (Pa. Commw. Ct. 1999). “KMALM argues, however, that the units could not have been legally created in 1987 or subsequently sold to a third party due to Mayflower Associates’ failure to comply with Section 3201(b) and (c) of the Act, 68 Pa.C.S. §3201(b) and (c), then in effect, which provided in…”
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