§ 7403. Nullification of existing unlawful restrictive covenants.
(a) Unenforceable covenants.--An unlawful restrictive covenant contained in an instrument affecting title to real property, whether or not recorded, in this Commonwealth shall be null, void and unenforceable ab initio without need for further action by any person or recorder.
(b) Combined covenants.--If an unlawful restrictive covenant is contained in an instrument affecting title to real property that also contains other covenants or provisions that are not an unlawful restrictive covenant, the validity and enforceability of the remaining covenants or provisions, as well as the validity of the recorded instrument, shall not be affected by the nullification, voiding and unenforceability of the unlawful restrictive covenant.
§ 7406. Unlawful restrictive covenants in declarations of common interest ownership communities.
(a) Board vote for removal.--Notwithstanding any other provision of law, a board of a common interest ownership community may, upon receipt of an opinion by independent legal counsel, consider an unlawful restrictive covenant to be repudiated by a vote of a majority of the members of the board and without further need for a vote by unit owners or approval from lenders on individual units, thereby repudiating the unlawful restrictive covenant.
(b) Unit owner request for repudiation.--If a unit owner in a common interest ownership community submits a written request to the board to repudiate an unlawful restrictive covenant, the board shall, no later than 90 days after receipt of the request, hold a meeting to determine whether an unlawful restrictive covenant exists and should be repudiated. If the board finds that an unlawful restrictive covenant exists and should be repudiated, the board shall take swift action to record the repudiation form.
§ 7407. Unlawful restrictive covenants not in declarations of common interest ownership communities.
If an instrument in the chain of title to the common elements in a condominium, in the common facilities or controlled facilities in a planned community or in the chain of title to a real estate cooperative includes an unlawful restrictive covenant, the board may perform a landowner repudiation in accordance with section 7404 (relating to repudiation of unlawful restrictive covenants).
Effective Date. Section 2(1)(i) of Act 54 of 2023 provided that section 7403 shall take effect immediately.