68 Pa.C.S. §5407
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Uniform Planned Community Act — Resales of Units
Requires delivery of a certificate containing 17 required disclosures upon resale of a unit. Association must furnish the certificate within 10 days of request. Buyer may cancel within 5 days of receipt. No statutory dollar cap on preparation fee; standard is reasonable charges.
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Statutory Text
Verified Jul 15, 2026 · LEGIS_PA_GOV
§ 5407. Resales of units. (a) Information supplied by unit owner.--In the event of a resale of a unit by a unit owner other than a declarant, the unit owner shall furnish to a purchaser before execution of any contract for sale of a unit or otherwise before conveyance a copy of the declaration other than the plats and plans, the bylaws, the rules or regulations of the association and a certificate containing: (1) A statement disclosing the effect on the proposed disposition of any right of first refusal or other restraint on the free alienability of the unit. (2) A statement setting forth the amount of the monthly common expense assessment and any unpaid common expense or special assessment currently due and payable from the selling unit owner and any surplus fund credits to be applied with regard to the unit pursuant to section 5313 (relating to surplus funds). (3) A statement of any other fees payable by unit owners. (4) A statement of any capital expenditures proposed by the association for the current and two next succeeding fiscal years. (5) A statement of the amount of any reserves for capital expenditures and of any portions of those reserves designated by the association for any specified project. (6) The most recent regularly prepared balance sheet and income and expense statement, if any, of the association. (7) The current operating budget of the association. (8) A statement of any judgments against the association and the status of any pending suits to which the association is a party. (9) A statement describing any insurance coverage provided for the benefit of unit owners. (10) A statement as to whether the executive board has knowledge that any alterations or improvements to the unit or to the limited common elements assigned thereto violate any provision of the declaration. (11) A statement as to whether the executive board has knowledge of any violations of applicable governmental requirements or knowledge of the existence of any hazardous conditions pursuant to section 5402(a)(27) (relating to public offering statement; general provisions) with respect to the unit, the limited common elements assigned to the unit or any other portion of the planned community. (12) A statement of the remaining term of any leasehold estate affecting the planned community and the provisions governing any extension or renewal thereof. (13) A statement as to whether the declaration provides for cumulative voting or class voting. (14) A statement as to whether an agreement to terminate the planned community has been submitted to the unit owners for approval and remains outstanding. (15) A statement of whether the planned community is a master association or is part of a master association or could become a master association or part of a master association. (16) A statement describing which units, if any, may be owned in time-share estates and the maximum number of time-share estates that may be created in the planned community. (17) A statement of whether the declarant retains the special declarant right to …
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Disclosure
| Ref | Requirement |
|---|---|
| Requires delivery of a certificate containing 17 required disclosures upon resale of a unit. | |
| Association must furnish the certificate within 10 days of request. | |
| Buyer may cancel within 5 days of receipt. | |
| (a) | The seller hands the buyer the documents and the certificate before the contract is signed, or at the latest before closing. The association's role is to supply the seller with what the seller needs. |
| (a)(1) | State how any right of first refusal or other restraint on selling the unit affects this sale. |
| (a)(10) | State whether the board knows of any alteration or improvement to the unit or its limited common elements that breaks the declaration. |
| (a)(11) | State whether the board knows of any code violation or hazardous condition affecting the unit, its limited common elements, or the rest of the planned community. |
| (a)(12) | State the remaining term of any lease the planned community sits on and how it can be extended or renewed. |
| (a)(13) | State whether the declaration uses cumulative voting or class voting. |
| (a)(14) | State whether an agreement to terminate the planned community is before the unit owners and still outstanding. |
| (a)(15) | State whether the planned community is a master association, sits under one, or could become or join one. |
| (a)(16) | State which units may be owned as time-shares and the maximum number of time-share estates that may be created. |
| (a)(17) | State whether the declarant kept the right to merge or consolidate the planned community, and if so, what the declaration says about it. |
| (a)(8) | State any judgments against the association and where any pending suits against or by it stand. |
| (a)(9) | Describe the insurance the association carries for unit owners. |
| (b) | Within ten days after a request by a unit owner, the association shall furnish a certificate containing the information and copies of documents necessary to enable the unit owner to comply with this section. |
| (d) | The purchase contract is voidable by the purchaser until the certificate has been provided and for five days thereafter or until conveyance, whichever first occurs. |
Financial
| Ref | Requirement |
|---|---|
| Section 5407 says nothing about fees. The power to charge for a resale certificate is 68 Pa.C.S. §5302(a)(12), which allows reasonable charges "which shall be one charge that may be made by the association solely because of the resale or retransfer of any unit", and which allows a capital improvement fee "but no other fees" on a resale or transfer. There is no dollar cap; there is a one-charge limit. | |
| (a)(2) | State the monthly common expense assessment, anything the seller still owes, and any surplus fund credit that goes with the unit. |
| (a)(3) | State any other fees unit owners pay. |
| (a)(4) | State the capital expenditures the association proposes for this fiscal year and the next two. |
| (a)(5) | State how much is held in reserve for capital expenditures and how much of it is earmarked for a named project. |
| (a)(6) | Provide the most recent balance sheet and the most recent income and expense statement, if the association has them. |
| (a)(7) | Provide the current operating budget. |
| (c) | The figure in the certificate caps what the buyer can be charged, and the seller does not carry the association's lateness. |
What this means for your resale certificate
68 Pa.C.S. §5407 drives 18 required disclosure items in the Pennsylvania Uniform Planned Community Act resale certificate.
- (a)(1) Effect of any right of first refusal or other restraint on the free alienability of the unit
- (a)(2) Monthly common expense assessment, unpaid common expense or special assessment currently due and payable from the selling unit owner, and any surplus fund credits to be applied to the unit (68 Pa.C.S. §5313)
- (a)(3) Other fees payable by unit owners
- (a)(4) Capital expenditures proposed by the association for the current and two next succeeding fiscal years
- (a)(5) Amount of reserves for capital expenditures and portions designated for specified projects
- + 13 more disclosure items
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Legal references last verified October 5, 2026.
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