Pennsylvania Real Estate Cooperative Act

Title 68, Subpart C

The Real Estate Cooperative Act, 68 Pa.C.S. §§ 4101, et seq. (the “Act”) governs the creation, management, and regulation of all cooperatives in the state of Pennsylvania. For more on applicability of provisions of this Act, please read Section 4102 below.

The Act is broken down into the following four chapters:

  •   Chapter 41.  General Provisions

  •   Chapter 42.  Creation, Alteration and Termination of Cooperatives

  •   Chapter 43.  Management of Cooperatives

  •   Chapter 44.  Protection of Cooperative Interest Purchasers

 Enactment.  Subpart C was added December 18, 1992, P.L.1426, No.176, effective in 60 days.

We encourage all condominium owners to become familiar with the laws that govern the management and operation of condominium associations to ensure compliance and avoid HOA Problems. Please follow the red links to read the language of the law.

Chapter 41 - General Provisions

Section Name Section Number
Short title of subpart § 4101
Applicability of subpart § 4102
Definitions § 4103
Variation by agreement § 4104
Property classification of cooperative interests § 4105
Applicability of local ordinances, regulations and building codes § 4106
Eminent domain § 4107
Supplemental general principles of law applicable § 4108
Construction against implicit repeal § 4109
Uniformity of application and construction § 4110
Unconscionable agreement or term of contract § 4111
Obligation of good faith § 4112
Remedies to be liberally administered § 4113

Chapter 42 - Creation, Alteration and Termination of Cooperatives

Section Name Section Number
Creation of cooperative ownership § 4201
Unit boundaries § 4202
Construction and validity of declaration and bylaws § 4203
Description of units § 4204
Contents of declaration § 4205
Leasehold cooperatives § 4206
Allocation of ownership interests, votes and common expense liabilities § 4207
Limited common elements § 4208
Exercise of development rights § 4209
Alterations of units § 4210
Relocation of boundaries between adjoining units § 4211
Subdivision of units § 4212
Easement for encroachments § 4213
Declarant's office, models and signs § 4214
Easement rights § 4215
Amendment of declaration § 4216
Termination of cooperative ownership § 4217
Rights of secured lenders and secured creditors § 4218
Master associations § 4219
Merger or consolidation of cooperatives § 4220
Method for transferring a cooperative interest § 4221

Chapter 43 - Management of Cooperatives

Section Name Section Number
Organization of association § 4301
Powers of association § 4302
Executive board members and officers § 4303
Transfer of special declarant rights § 4304
Termination of contracts and leases of declarant § 4305
Bylaws § 4306
Upkeep of cooperative § 4307
Meetings § 4308
Quorums § 4309
Voting; proxies § 4310
Tort and contract liability § 4311
Conveyance or encumbrance of cooperative § 4312
Insurance § 4313
Assessments for common expenses § 4314
Lien for assessments § 4315
Other liens affecting cooperative § 4316
Association records § 4317
Association as trustee § 4318
Termination of cooperative interest § 4319
Declarant delivery of items to association § 4320
Limited equity cooperatives § 4321
Alternative dispute resolution in cooperatives § 4322
Complaints filed with Bureau of Consumer Protection § 4323

Chapter 44 - Protection of Cooperative Interest Purchasers

Section Name Section Number
Applicability; waiver § 4401
Public offering statement; requirements § 4402
Public offering statement; general provisions § 4403
Public offering statement; cooperatives subject to development rights § 4404
Public offering statement; time shares § 4405
Public offering statement; cooperatives containing conversion buildings § 4406
Public offering statement; cooperative securities § 4407
Purchaser's right to cancel § 4408
Resales of cooperative interests § 4409
Escrow of deposits § 4410
Release of liens § 4411
Cooperatives containing conversion buildings § 4412
Express warranties of quality § 4413
Implied warranty against structural defects § 4414
Effect of violations on rights of action § 4415
Labeling of promotional material § 4416
Declarant's obligation to complete and restore § 4417
Substantial completion of unit § 4418

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