H1499B1919A07535 NAD:CDM 06/12/18 #90 A07535
AMENDMENTS TO HOUSE BILL NO. 1499
Sponsor: SENATOR McGARRIGLE
Printer's No. 1919
Amend Bill, page 1, line 2, by inserting after "Statutes,"
in creation, alteration and termination of condominiums,
further providing for contents of declaration and all
condominiums;
Amend Bill, page 1, line 7, by inserting after "defects;"
in creation, alteration and termination of cooperatives,
further providing for contents of declaration;
Amend Bill, page 1, lines 26 and 27, by striking out all of
said lines and inserting
Section 1. Section 3205 of Title 68 of the Pennsylvania
Consolidated Statutes is amended by adding a paragraph to read:
§ 3205. Contents of declaration; all condominiums.
The declaration for a condominium must contain:
* * *
(13.1) If the declaration provides that the association
or a unit owner is or shall be responsible for operation and
maintenance of storm water management facilities, a statement
that upon approval of the permitee's notice of termination by
the Department of Environmental Protection or by an
authorized county conservation district, it shall be deemed
that the association or unit owner, as applicable, agree to
and shall become responsible for compliance with the storm
water management facilities' permit terms and conditions,
including long-term operation and maintenance of
postconstruction storm water best management practices in
accordance with applicable requirements. The declarant shall
remain responsible for compliance with other obligations with
respect to storm water management facilities as may be
required by the approved subdivision and land development
plans, the declaration or this subpart until such time as the
obligations of the declarant may cease.
* * *
Section 2. Sections 3302(a)(11) and 3303(e) of Title 68 are
amended to read:
Amend Bill, page 3, line 8, by striking out "2" and inserting
2018/90NAD/HB1499A07535 - 1 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
3
Amend Bill, page 3, line 23, by striking out "3" and
inserting
4
Amend Bill, page 3, line 23, by striking out the comma after
"3409(b)(2)" and inserting
and
Amend Bill, page 3, lines 23 and 24, by striking out ",
4302(a)(11) and 4303(f)"
Amend Bill, page 4, lines 11 and 12, by striking out "is
tolled until the period of" in line 11 and all of line 12 and
inserting
shall be six years after the warranty begins or two years
after the unit owners elect an executive board under section
3303(e) (relating to executive board members and officers),
whichever is later.
Section 5. Section 4205(a) of Title 68 is amended by adding
a paragraph to read:
§ 4205. Contents of declaration.
(a) General rule.--The declaration for a cooperative must
contain:
* * *
(15) If the declaration provides that the association or
a unit owner is or shall be responsible for operation and
maintenance of storm water management facilities, a statement
that upon approval of the permitee's notice of termination by
the Department of Environmental Protection or by an
authorized county conservation district, it shall be deemed
that the association or unit owner, as applicable, agree to
and shall become responsible for compliance with the storm
water management facilities' permit terms and conditions,
including long-term operation and maintenance of
postconstruction storm water best management practices in
accordance with applicable requirements. The declarant shall
remain responsible for compliance with other obligations with
respect to storm water management facilities as may be
required by the approved subdivision and land development
plans, the declaration or this subpart until such time as the
obligations of the declarant may cease.
* * *
Section 6. Sections 4302(a)(11) and 4303(f) of Title 68 are
amended to read:
2018/90NAD/HB1499A07535 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
Amend Bill, page 5, line 23, by striking out "4" and
inserting
7
Amend Bill, page 6, line 9, by striking out "5" and inserting
8
Amend Bill, page 6, lines 25 and 26, by striking out "is
tolled until the period of declarant" in line 25 and all of line
26 and inserting
shall be six years after the warranty begins or two years
after the unit owners elect an executive board under section
3303(e) (relating to executive board members and officers),
whichever is later.
Amend Bill, page 6, line 27, by striking out "6" and
inserting
9
Amend Bill, page 7, line 12, by striking out "7" and
inserting
10
Amend Bill, page 7, lines 25 and 26, by striking out all of
said lines and inserting
Section 11. Section 5205(16) introductory paragraph of Title
68 is amended and the section is amended by adding a paragraph
to read:
Amend Bill, page 8, by inserting between lines 5 and 6
(16.1) If the declaration provides that the association
or a unit owner is or shall be responsible for operation and
maintenance of storm water management facilities, a statement
that upon approval of the permitee's notice of termination by
the Department of Environmental Protection or by an
authorized county conservation district, it shall be deemed
that the association or unit owner, as applicable, agree to
and shall become responsible for compliance with the storm
water management facilities' permit terms and conditions,
including long-term operation and maintenance of
postconstruction storm water best management practices in
accordance with applicable requirements. The declarant shall
remain responsible for compliance with other obligations with
respect to storm water management facilities as may be
2018/90NAD/HB1499A07535 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
required by the approved subdivision and land development
plans, the declaration or this subpart until such time as the
obligations of the declarant may cease.
* * *
Section 12. Sections 5302(a)(11) and 5303(e) of Title 68 are
amended to read:
Amend Bill, page 9, line 15, by striking out "9" and
inserting
13
Amend Bill, page 10, line 1, by striking out "10" and
inserting
14
Amend Bill, page 10, lines 19 and 20, by striking out "is
tolled until the period of" in line 19 and all of line 20 and
inserting
shall be six years after the warranty begins or two years
after the unit owners elect an executive board under section
3303(e) (relating to executive board members and officers),
whichever is later.
Amend Bill, page 10, by inserting between lines 21 and 22
Section 15. This act shall supersede any inconsistent
provision of any other statute, regulation or ordinance.
Amend Bill, page 10, line 22, by striking out "11" and
inserting
16
2018/90NAD/HB1499A07535 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
See A07535 in
the context
of HB1499