Pennsylvania Real Estate Cooperative Act
The statutes that govern the creation, management, and sale of housing cooperatives in Pennsylvania — every section of Title 68's Real Estate Cooperative Act, linked to the current text on the General Assembly's website.
The Real Estate Cooperative Act, 68 Pa. Cons. Stat. §§ 4101, et seq., recognizes and provides the legal framework for housing cooperatives in Pennsylvania — governing their creation, alteration, termination, and management, and protecting the people who buy cooperative interests.
In a cooperative, a corporation or other association owns the real estate, and each member holds an ownership interest in that entity together with a right to occupy a unit — a structure that differs from the direct unit ownership found under the Condominium and Planned Community Acts. For related Pennsylvania statutes and agencies, see HOPB's Pennsylvania HOA laws & resources.
The Act is organized into the four chapters below. Each section number links to the current statute text on the Pennsylvania General Assembly's website.
Chapter 41 — General Provisions
| 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
| 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
| 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
| 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 |