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Condominiums & Planned Communities

Since the early 1960s for condominiums and the mid-1990s for planned communities, “common interest” communities have been an important component of real estate development and ownership in Pennsylvania.  In a condominium, a unit owner owns the space within the boundaries of his or her unit outright, and shares ownership of the common elements outside the unit in common with the other unit owners.  The owner of a unit in a planned community has sole title to a lot (or unit) upon which a residential structure is erected, and owns the common facilities such as greenspace and storm water detention facilities, in common with the other unit owners in the community.

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The statutes authorizing condominiums and planned communities have many rules and regulations governing the development, sale, maintenance, management, expansion, merger, and termination of these common interest communities. Rules are laid out dealing with protection or purchasers, developer warranties, rights of lenders, restrictions on transfers, use, and occupancy, and sharing of common expenses.  Flexibility is allowed in certain cases, waiver of rights and obligations prohibited in others. While primarily a residential ownership vehicle at the outset, commercial and mixed-use condominiums are now very popular development and ownership options.

MacDonald Illig has represented many developers of condominiums and planned communities.We are intimately familiar with the extensive requirements and the documentation related to the formation, marketing, sale, and on-going operations of condominiums and planned communities. We also represent the associations designated by law to take over the maintenance and governance of these communities once the original developer exists the scene. Purchasers of units in condominiums or planned communities also need experienced counsel to represent them. It is not “just like” buying a house. Special rights and obligations apply, and our attorneys are familiar with all of the nuances. Whether you are developing, buying, or selling a unit in a common interest community, MacDonald Illig has the knowledge, experience, and dedication necessary to protect your interests.

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