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How the Permit Extension Act may affect your community

12/1/2010

 
On July 6, 2010, Governor Edward G. Rendell signed into law the Permit Extension Act (S.B. 1042, Act 46), which Act provides relief to those owners and developers with projects that have stalled in the current challenging economic climate.

The Act covers state and local approvals for development projects in the Commonwealth of Pennsylvania, including planned communities and condominium associations.  Subject to several exceptions, discussed below, development approvals, permits, agreements, authorizations and decisions in effect January 1, 2009 or after are extended to July 1, 2013.  The extension is automatic, except in the City of Philadelphia, where the approval holder must first give notice to the applicable City agency.

The Act also extends the time frame within which to convert convertible real estate or to withdraw withdrawable real estate in a condominium or planned community.  However, it does not appear that the Act is intended to apply to additional real estate.  While the Act does make reference to the entire Pennsylvania Uniform Condominium Act and Pennsylvania Uniform Planned Community Act, when it discusses its applicability to specific provisions, it specifically references only convertible and withdrawable real estate - not additional real estate.

If you manage an association that has a convertible or withdrawable real estate deadline approaching and you have questions, we recommend that you contact your legal counsel regarding the potential implications of this Act. 

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