"By buying the 89 percent of the units at the foreclosure sale last year, [Timochenko] acquired all of the units and all of the votes he needed to approve a termination," explains Tom Beaver, an attorney whom some of the unit owners turned to for help.
Here's the rub: Under Section 3220 of the Pennsylvania Uniform Condominium Act, when a condominium is dissolved, the condo association can put the entire condominium up for sale, regardless of who owns the individual units. So in acquiring control of the condo association, Water Polo I also gained the right to sell Fusco's home.
Here is a detailed explanation of the Deep Path condominium situation that I posted on below, noting that there had to be more to the story, and there is. You can read the statute at the link. Pennsylvania is one of the thirteen states that have adopted the Uniform Condominium Act of 1980. Section 2-118 of that Act is now Section 3220 of the Pennsylvania Uniform Condominium Act. Section 3220 is the code section that Timochenko used to accomplish this.
update: in answer to a question posed in a comment, here is the full list of states that adopted the Uniform Condominium Act of 1980:
|Origin||Completed by the Uniform Law Commissioners in 1977, and amended in 1980.|
|Description||UCA contains comprehensive provisions for creation, management, and termination of condominium associations, including point-of-sale consumer protection.|
American Bar Association
|Enactments||Alabama, Kentucky, Maine, Minnesota, Missouri, Nebraska, New Mexico, Pennsylvania, Rhode Island, Texas, Virginia, Washington, West Virginia|
|Staff Liason(s)||Kieran Marion|