A property owner has prevailed in a court fight over the owner’s filing of a Declaration of Condominium to create four separate condominium units and sell each unit to a third party.

In Charleston Township v. CMI Hartman, the property owner had a 2.55-acre property with four separate residential units located, all on a single lot and under common ownership.

The Township filed a complaint alleging that the property had been illegally converted to condominium ownership without the approval of the Township. It sought to “set aside” the formation of the condominium and the conveyances to the third-party purchasers.

In response, the Trial Court determined that the property was a lawful, nonconforming use, and that the conversion of the property to condominium ownership without a redivision of boundary lines or changes to any existing structures did not constitute a subdivision subject to the requirements of the MPC or the Township’s SALDO, and was not otherwise affected by the Uniform Condominium Act (UCA).

On appeal, the Pennsylvania Commonwealth Court agreed with the Trial Court, holding:

• The use of the four homes on the property as single-family residences preceded the enactment of the zoning ordinance and represented a lawful, nonconforming use.
• The nonconforming use status provides the property owner with a vested property right that could not be extinguished in the absence of a nuisance, abandonment, or eminent domain.
• The Declaration of Condominium represented a lawful change in the manner of ownership of the 4 homes and the Township’s attempt to argue to the contrary lacked merit.
• The Declaration of Condominium resulted in a conversion to condominiums; not a subdivision of the property or a land development under the MPC or the SALDO.

The Commonwealth Court also and found that the UCA would not require the property owner to obtain subdivision or land development approval to create a condominium form of ownership.

For more information about this case, or how to create a condominium in Pennsylvania, please contact Rob Gundlach at 215.918.3636 or rgundlach@foxrothschild.com.