Pennsylvania § 7402 - Definitions.

§ 7402. Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Board." The executive board or board of directors of a common interest ownership community.

"Common interest ownership community." Includes:

(1) A condominium as defined in section 3103 (relating to definitions).

(2) A cooperative as defined in section 4103 (relating to definitions).

(3) A planned community as defined in section 5103 (relating to definitions).

"Department." The Department of Community and Economic Development of the Commonwealth.

"Instrument." A deed, mortgage, declaration of restrictive covenants, conditions or covenants, easement or other similar document.

"Recorder." As follows:

(1) A county recorder of deeds or a county official or department responsible for the recording of documents in a county without a recorder of deeds.

(2) The term includes the Philadelphia Department of Records and the Allegheny County Department of Real Estate.

"Unlawful restrictive covenant." A covenant or other provision that purports to restrict ownership or occupancy of real property on the basis of a practice or policy of discrimination against individuals or groups covered under the act of October 27, 1955 (P.L.744, No.222), known as the Pennsylvania Human Relations Act, or 42 U.S.C. Ch. 45 (relating to fair housing) or which may hereafter become a protected class under Federal or State law. The term does not include a covenant or restriction affixed to a property by a religious organization that prevents the use of the property for purposes that would offend that religious organization or an age-based covenant or restriction intended to create a senior living community.

Effective Date. Section 2(1)(i) of Act 54 of 2023 provided that section 7402 shall take effect immediately.