Pennsylvania Consolidated Statutes

68 Pa. Cons. Stat. § 5201 (2026)

Creation of planned community.

✓ current as of May 2026

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CHAPTER 52

CREATION, ALTERATION AND TERMINATION OF

PLANNED COMMUNITIES

Sec.

5201. Creation of planned community.

5202. Unit boundaries.

5203. Construction and validity of declaration and bylaws.

5204. Description of units.

5205. Contents of declaration; all planned communities.

5206. Contents of declaration for flexible planned communities.

5207. Leasehold planned communities.

5208. Allocation of votes and common expense liabilities.

5209. Limited common elements.

5210. Plats and plans.

5211. Conversion and expansion of flexible planned communities.

5212. Withdrawal of withdrawable real estate.

5213. Alteration of units.

5214. Relocation of boundaries between units.

5215. Subdivision or conversion of units.

5216. Easement for encroachments.

5217. Declarant offices, models and signs.

5218. Easement to facilitate completion, conversion and expansion.

5219. Amendment of declaration.

5220. Termination of planned community.

5221. Rights of secured lenders.

5222. Master associations.

5223. Merger or consolidation of planned community.

Enactment. Chapter 52 was added December 19, 1996, P.L.1336, No.180, effective in 45 days.

§ 5201. Creation of planned community.

A planned community 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 planned community or reduce its size. If the lessor is the Commonwealth, a municipal government or any agency of either, the lessor need not execute the declaration if it has previously given written notice of its filing and agreed to be bound by the provisions of this subpart, in which case the declaration shall be executed by the lessee in possession of the subject property. The declaration must be recorded in every county in which any portion of the planned community is located, must be indexed in the same records as are notarized for the recording of a deed and shall identify each declarant as the grantor and the name of the planned community as grantee.

Cross References. Section 5201 is referred to in sections 5106, 5207 of this title.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 2000–2021 · leading case: Belleville v. David Cutler Grp., 118 A.3d 1184 (Pa. Commw. Ct. 2015).

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Belleville v. David Cutler Grp., 118 A.3d 1184 (Pa. Commw. Ct. 2015). “Section 5201 of the UPCA, 68 Pa.C.S. § 5201. .Article IV, Section 10 of the Record Declaration states, in its entirety: The following properties subject to this Declaration shall be exempt from the assessments, charges and liens created here *1188 in: (a) all properties…”

Pinecrest Lake Cmty. Trust ex rel. Carroll v. Monroe Cnty. Bd. of Assessment Appeals, 64 A.3d 71 (Pa. Commw. Ct. 2013). “The trial court rejected the Board’s argument that the UPCA is inapplicable because the Community predated the Act, and because Developer never filed a deela-ration as required by Section 5201 of the UPCA, 68 Pa.C.S. § 5201 (creation of a planned community).”

E.L.C.A. Dev. Corp. v. Lackawanna Cnty. Bd. of Assessment Appeals, 752 A.2d 466 (Pa. Commw. Ct. 2000). · cites it 2× “68 Pa.C.S. § 5201. As part of its argument that the parcels in question are withdrawable or convertible real estate, the County argues that Eagle Lake is a flexible planned community.”

M.A. Kadar-Kallen & K. Kadar-Kallen v. Old Iron Estates Homeowners Assoc. (Pa. Commw. Ct. 2020). · cites it 5× “at 5 (quoting 68 Pa.C.S. §5201).) The court further emphasized the portions of the Uniform Law Comment accompanying the UPCA, which state that “[a] planned community is created .”

Southpointe Golf Club, Inc. v. Southpointe Prop. Owners' Assoc., Inc. (Pa. Commw. Ct. 2021). “] 10 68 Pa. C.S. §5201. Section 5201 states in relevant part: “A planned community 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…”

Boguslavsky v. Lake Watawga Prop. Owners Ass'n, 990 A.2d 183 (Pa. Commw. Ct. 2010). “[5] See 68 Pa. C.S. §5201, which provides: A planned community 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…”

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