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Pennsylvania Consolidated Statutes

68 Pa. Cons. Stat. § 3203 (2026)

 Construction and validity of declaration and bylaws.

✓ current as of May 2026
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§ 3203.  Construction and validity of declaration and bylaws.

(a)  Provisions severable.--All provisions of the declaration and bylaws are severable.

(b)  Application of rule against perpetuities.--The rule against perpetuities may not be applied to defeat any provision of the declaration or this subpart, or any instrument executed pursuant to the declaration or this subpart.

(c)  Conflict between declaration and bylaws.--In the event of a conflict between the provisions of the declaration and the bylaws, the declaration prevails except to the extent the declaration is inconsistent with this subpart.

(d)  Effect of noncompliance on title to unit.--Title to a unit and its common element interest is not rendered unmarketable or otherwise affected by any provision of unrecorded bylaws or by reason of an insubstantial failure of the declaration to comply with this subpart.

 

Cross References.  Section 3203 is referred to in section 3102 of this title.

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2012–2025 · leading case: Metroclub Condo. Ass'n v. 201-59 North Eighth Street Assocs., 47 A.3d 137 (Pa. Super. Ct. 2012).
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Metroclub Condo. Ass'n v. 201-59 North Eighth Street Assocs., 47 A.3d 137 (Pa. Super. Ct. 2012). “68 Pa.C.S. § 3203(a), (c). . As noted above, section 3302 of the PUCA, “Powers of unit owners' association,” enumerates a condominium association’s powers, all of which are expressly "[s]ubject to the provisions of the declaration[.”
Dr. P.M. Assalita v. Midtown Square Condo. Assoc., 203 A.3d 1128 (Pa. Commw. Ct. 2019). · cites it 2× “68 Pa.C.S. § 3203. Following the trial court's denial of Owner's motion for post-trial relief nunc pro tunc , Owner's appeal to this Court followed.”
C.S. Robboy & P.A. Gearhart v. Two Indep. Place Condo. Owners' Ass'n (Pa. Commw. Ct. 2025). · cites it 2× “Trial Court Opinion at 5- 6 (citing 68 Pa. C.S. §3203 (“In the event of a conflict between the provisions of the declaration and the bylaws, the declaration prevails .”
C.S. Robboy & P.A. Gearhart v. Two Indep. Place Condo Owners' Assoc. (Pa. Commw. Ct. 2025). “” 68 Pa.C.S. § 3203(c). In March 2023, Appellees negotiated to sell their commercial condominium unit to a nursery school.”
— 68 Pa. Cons. Stat. § 3203(a) — 1 case
Metroclub Condo. Ass'n v. 201-59 North Eighth Street Assocs., 47 A.3d 137 (Pa. Super. Ct. 2012). “68 Pa.C.S. § 3203(a), (c). . As noted above, section 3302 of the PUCA, “Powers of unit owners' association,” enumerates a condominium association’s powers, all of which are expressly "[s]ubject to the provisions of the declaration[.”
— 68 Pa. Cons. Stat. § 3203(c) — 2 cases
C.S. Robboy & P.A. Gearhart v. Two Indep. Place Condo Owners' Assoc. (Pa. Commw. Ct. 2025). “” 68 Pa.C.S. § 3203(c). In March 2023, Appellees negotiated to sell their commercial condominium unit to a nursery school.”
C.S. Robboy & P.A. Gearhart v. Two Indep. Place Condo. Owners' Ass'n (Pa. Commw. Ct. 2025). “Trial Court Opinion at 5- 6 (citing 68 Pa. C.S. §3203 (“In the event of a conflict between the provisions of the declaration and the bylaws, the declaration prevails .”
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