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                                                      PRINTER'S NO. 2515

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1993 Session of 1999


        INTRODUCED BY STEVENSON, TRELLO, HENNESSEY, BARRAR, SAYLOR,
           McNAUGHTON, PIPPY, BATTISTO, STEIL, YOUNGBLOOD, CLYMER, DALLY
           AND McILHINNEY, OCTOBER 25, 1999

        REFERRED TO COMMITTEE ON URBAN AFFAIRS, OCTOBER 25, 1999

                                     AN ACT

     1  Amending Title 68 (Real and Personal Property) of the
     2     Pennsylvania Consolidated Statutes, further providing for
     3     real estate cooperatives.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 4102(b) of Title 68 of the Pennsylvania
     7  Consolidated Statutes is amended to read:
     8  § 4102.  Applicability of subpart.
     9     * * *
    10     (b)  Existing cooperatives.--Except as provided in subsection
    11  (c), sections 4106, 4107, 4108 (relating to supplemental general
    12  principles of law applicable), 4112 (relating to obligation of
    13  good faith), 4202 (relating to unit boundaries), 4203 (relating
    14  to construction and validity of declaration and bylaws), 4204
    15  (relating to description of units), 4216 (relating to amendment
    16  of declaration), 4217 (relating to termination of cooperative
    17  ownership), 4219 (relating to master associations), 4220
    18  (relating to merger or consolidation of cooperatives),

     1  4302(a)(1) through (6), (8), (9) and (11) through (17) (relating
     2  to powers of association), 4303 (relating to executive board
     3  members and officers), 4307 (relating to upkeep of cooperative),
     4  4311 (relating to tort and contract liability), 4313 (relating
     5  to insurance), 4314 (relating to assessments for common
     6  expenses), 4315 (relating to lien for assessments), 4317
     7  (relating to association records), 4319 (relating to termination
     8  of cooperative interest), 4409 (relating to resales of
     9  cooperative interests) and 4415 (relating to effect of
    10  violations on rights of action), and section 4103 (relating to
    11  definitions) to the extent necessary in construing any of those
    12  sections, apply to all cooperatives created in this Commonwealth
    13  before the effective date of this subpart, but those sections
    14  apply only with respect to events and circumstances occurring
    15  after the effective date of this subpart and do not invalidate
    16  existing provisions of the cooperative documents of those
    17  cooperatives. By compliance with the requirements of section
    18  4201 (relating to creation of cooperative ownership), a
    19  cooperative created in this Commonwealth before the effective
    20  date of this subpart may be made subject to all of the
    21  provisions of this subpart, effective as of the date of
    22  recordation of the document or documents specified in section
    23  4201, without in any way terminating the cooperative status of
    24  the property or in any way affecting any lien or encumbrance on
    25  the property, if the terms of such document or documents have
    26  been approved by all the persons whose actions would have been
    27  required to effect the termination of the cooperative pursuant
    28  to [its governing documents in effect at the time such approval
    29  is given] section 4217, provided, however, that such action
    30  shall not increase the obligations or responsibilities of a
    19990H1993B2515                  - 2 -

     1  declarant, as such and not as a proprietary lessee, without the
     2  joinder of the declarant in the document or documents required
     3  by section 4201.
     4     * * *
     5     Section 2.  Section 4203 of Title 68 is amended by adding a
     6  subsection to read:
     7  § 4203.  Construction and validity of declaration and bylaws.
     8     * * *
     9     (e)  Interpretation and application of declaration.--The
    10  executive board shall have the powers to interpret and apply the
    11  declaration and bylaws, and to resolve all conflicts or disputes
    12  requiring the interpretation and application of the declaration.
    13  The executive board and its members shall have no liability for
    14  exercising these powers provided they are exercised in good
    15  faith and in the best interest of the association in the manner
    16  set forth in section 4303 (relating to executive board members
    17  and officers).
    18     Section 3.  Sections 4216(a) and (f), 4217(a), 4218, 4302(a)
    19  and 4303(a) of Title 68 are amended to read:
    20  § 4216.  Amendment of declaration.
    21     (a)  Number of votes required.--Except in cases of amendments
    22  that may be executed by a declarant under section 4209 (relating
    23  to exercise of development rights), the association under
    24  section 4107 (relating to eminent domain), 4206(c) (relating to
    25  leasehold cooperatives), 4208(c) (relating to limited common
    26  elements), 4211(a) (relating to relocation of boundaries between
    27  adjoining units) or 4212 (relating to subdivision of units), the
    28  executive board of the association under subsection (f) or
    29  certain proprietary lessees under section 4208(b), 4211(a),
    30  4212(b) or 4217(b) (relating to termination of cooperative
    19990H1993B2515                  - 3 -

     1  ownership), and except as limited by subsection (d), the
     2  declaration, including the plats and plans, may be amended only
     3  by vote or written agreement of proprietary lessees of
     4  cooperative interests to which at least 67% of the votes in the
     5  association are allocated [or any larger majority the
     6  declaration specifies.], without regard for any larger majority
     7  the declaration may specify or the absence of any amendment
     8  provisions in the declaration. The declaration may specify a
     9  smaller number only if all of the units are restricted
    10  exclusively to nonresidential use.
    11     * * *
    12     (f)  Corrective amendments.--Except as otherwise provided in
    13  the declaration, if any amendment to the declaration is
    14  necessary in the judgment of the executive board to cure any
    15  ambiguity or to correct or supplement any provision of the
    16  declaration that is defective, missing or inconsistent with any
    17  other provision thereof or with this subpart or if an amendment
    18  is necessary in the judgment of the executive board to conform
    19  to the requirements of any agency or entity that has established
    20  national or regional standards with respect to loans secured by
    21  mortgages or deeds of trust on units in condominium projects
    22  (such as the Federal National Mortgage Association and the
    23  Federal Home Loan Mortgage Corporation), to comply with any
    24  statute, regulation, code or ordinance which may now or
    25  hereafter be made applicable to the cooperative or association,
    26  or to make a reasonable accommodation or permit a reasonable
    27  modification in favor of handicapped, as may be defined by
    28  prevailing Federal or State laws or regulations applicable to
    29  the association, unit owners, residents or employees, then, at
    30  any time and from time to time, the executive board may at its
    19990H1993B2515                  - 4 -

     1  discretion effect an appropriate corrective amendment without
     2  the approval of the proprietary lessees or the holders of any
     3  liens on all or any part of the cooperative, upon receipt by the
     4  executive board of an opinion from independent legal counsel to
     5  the effect that the proposed amendment is permitted by the terms
     6  of this subsection.
     7  § 4217.  Termination of cooperative ownership.
     8     (a)  Number of votes required.--[Except:] Without regard for
     9  the provisions of any declaration purporting to establish any
    10  self-executing deadline or termination date for any cooperative
    11  existing under this subpart, except:
    12         (1)  in the case of the taking of all of the units by
    13     eminent domain (section 4107);
    14         (2)  in the case of foreclosure of a security interest
    15     against the entire cooperative which has priority over the
    16     declaration or which is subordinate to a declaration that
    17     expressly provides that the holder of the security interest
    18     has the right to terminate the cooperative when the
    19     foreclosure of the security interest has been consummated; or
    20         (3)  in the case of the expiration or termination of a
    21     lease which has priority over the declaration (unless a
    22     contrary intent is expressly stated in the lease);
    23  no cooperative ownership may be terminated [only at a meeting of
    24  the association and] except by the vote, in person or by proxy,
    25  or by the written agreement of proprietary lessees of
    26  cooperative interests to which at least 80% of the votes in the
    27  association are allocated or any larger percentage the
    28  declaration specifies. The declaration may specify a smaller
    29  percentage only if all of the units in the cooperative are
    30  restricted exclusively to nonresidential uses.
    19990H1993B2515                  - 5 -

     1     * * *
     2  § 4218.  Rights of secured lenders and secured creditors.
     3     (a)  Secured lender approval.--The declaration may provide
     4  that all or a specified number or percentage of secured
     5  creditors of the association or lenders holding security
     6  interests encumbering the cooperative interests approve
     7  specified actions of the proprietary lessees of the association
     8  as a condition to the effectiveness of those actions, and the
     9  declaration may provide for procedures that will enable such
    10  lenders to have their approval rights recognized by the
    11  executive board, but no requirement for approval may operate to:
    12         (1)  Deny or delegate control over the general
    13     administrative affairs of the association by the proprietary
    14     lessees or the executive board.
    15         (2)  Prevent the association or the executive board from
    16     commencing, intervening in or settling any litigation or
    17     proceeding.
    18         (3)  Receive and distribute any insurance proceeds except
    19     pursuant to section 4313 (relating to insurance).
    20     (b)  Secured lender approval procedures.--If the declaration
    21  requires mortgagees or beneficiaries of deeds of trust
    22  encumbering the units to approve specified actions of the
    23  proprietary lessees or the association as a condition to the
    24  effectiveness of those actions, then the executive board will
    25  provide the lender with written notice of the specified action
    26  proposed to be taken, together with a request for the secured
    27  lender to approve or disapprove the actions specified. If the
    28  notice to the secured lender states that the secured lender will
    29  be deemed to have approved the actions specified in the written
    30  notice if it does not respond to the request within 30 days, and
    19990H1993B2515                  - 6 -

     1  the secured lender does not respond in writing within 30 days,
     2  then the secured lender will be deemed for all purposes to have
     3  approved the action specified in the notice. Written notice to
     4  the secured lender shall be given by first-class mail, postage
     5  prepaid, at the address provided by the secured lender, or in
     6  the absence thereof, at the address of the secured lender
     7  endorsed on any mortgage or deed of trust of record, or the
     8  address to which the unit owner mails any periodic payment paid
     9  to the secured lender; the notice to the secured lender shall
    10  include a statement of the specified action, and a copy of the
    11  full text of any proposed amendment, and a form prepared by the
    12  association upon which the secured lender may indicate its
    13  approval or rejection of the specified action or amendment.
    14  § 4302.  Powers of association.
    15     (a)  General rule.--Except as provided in subsection (b) and
    16  subject to the provisions of the declaration, the association
    17  may:
    18         (1)  Adopt and amend bylaws and rules and regulations.
    19         (2)  Adopt and amend budgets for revenues, expenditures
    20     and reserves, which budgets shall include, but shall not be
    21     limited to, the financial information listed in section
    22     4403(a)(5) (relating to public offering statement; general
    23     provisions), and collect assessments for common expenses from
    24     proprietary lessees.
    25         (3)  Hire and discharge managing agents and other
    26     employees, agents and independent contractors.
    27         (4)  Institute, defend or intervene in litigation or
    28     administrative proceedings, or engage in arbitrations or
    29     mediations, in its own name on behalf of itself or two or
    30     more proprietary lessees on matters affecting the
    19990H1993B2515                  - 7 -

     1     cooperative.
     2         (5)  Make contracts and incur liabilities.
     3         (6)  Regulate the use, maintenance, repair, replacement
     4     and modification of common elements[.] and make reasonable
     5     accommodation, or permit reasonable modifications to be made
     6     to units or the common elements, to accommodate handicapped,
     7     as defined by prevailing Federal, State or local statute,
     8     regulation, code or ordinance, proprietary lessees,
     9     residents, tenants or employees.
    10         (7)  Cause additional improvements to be made as a part
    11     of the common elements.
    12         (8)  Acquire, hold, encumber and convey in its own name
    13     any right, title or interest to real or personal property,
    14     and pledge or assign assessment income necessary to create
    15     amortization reserves to retire debts, but part of the
    16     cooperative may be conveyed or all or part of the cooperative
    17     may be subjected to a security interest only pursuant to
    18     section 4312 (relating to conveyance or encumbrance of
    19     cooperative). Reserve funds held for future major repairs and
    20     replacements of the common elements may not be assigned or
    21     pledged.
    22         (9)  Grant easements, leases, licenses and concessions
    23     through or over the common elements. Any such easement,
    24     lease, license or concession that is not for the benefit of
    25     all or substantially all of the proprietary lessees shall not
    26     be granted without the same proprietary lessee approval that
    27     is required for an amendment to the declaration or that
    28     materially impairs any right or benefit that one or more
    29     proprietary lessees may have with respect to the common
    30     elements shall not be granted without the prior written
    19990H1993B2515                  - 8 -

     1     approval of those proprietary lessees.
     2         (10)  Impose and receive any payments, fees or charges
     3     for the use, rental or operation of the common elements other
     4     than limited common elements described in section 4202(2) and
     5     (4) (relating to unit boundaries) and for services provided
     6     to proprietary lessees.
     7         (11)  Impose charges for late payment of assessments and,
     8     after notice and an opportunity to be heard, levy reasonable
     9     fines for violations of the declaration, bylaws and rules and
    10     regulations of the association.
    11         (12)  Impose reasonable charges for the preparation and
    12     recordation of amendments to the declaration, resale
    13     certificates required by section 4409 (relating to resales of
    14     cooperative interests) or statements of unpaid assessments.
    15     In addition, an association may impose a capital improvement
    16     fee, but no other fees, on the resale or transfer the
    17     leasehold interest in units in accordance with the following:
    18             (i)  The capital improvement fee for any unit shall
    19         not exceed the annual assessments for general common
    20         expense charged to such unit during the most recently
    21         completed fiscal year of the association, provided that:
    22                 (A)  in the case of resale or transfer of the
    23             leasehold interest in a unit consisting of unimproved
    24             real estate, the capital improvement fee shall not
    25             exceed one-half of the annual assessments for general
    26             common expenses charged to such unit during the most
    27             recently completed fiscal year of the association;
    28                 (B)  in the case of resale or transfer of the
    29             leasehold interest in a unit which was created or
    30             added to the cooperative in accordance with section
    19990H1993B2515                  - 9 -

     1             4209 (relating to exercise of development rights) at
     2             some time during the most recently completed fiscal
     3             year of the association but was not in existence for
     4             the entire fiscal year, the capital improvement fee
     5             shall not exceed one-half of the annual assessments
     6             for general common expenses charged to a unit
     7             comparable to such unit during the most recently
     8             completed fiscal year of the association; and
     9                 (C)  capital improvement fees are not refundable
    10             upon any sale, conveyance or other transfer of the
    11             proprietary lease to a unit.
    12             (ii)  Capital improvement fees allocated by an
    13         association must be maintained in a separate capital
    14         account and may be expended only for new capital
    15         improvements or replacement of existing common elements
    16         and improvements on the common elements, and may not be
    17         expended for operation, maintenance or other purposes.
    18             (iii)  No capital improvement fee shall be imposed on
    19         any gratuitous transfer of a proprietary interest in a
    20         unit between any of the following family members:
    21         spouses, parent and child, siblings, grandparent and
    22         grandchild.
    23             (iv)  No fees may be imposed upon any person who:
    24                 (A)  acquires a proprietary interest in a unit
    25             consisting of unimproved real estate and signs and
    26             delivers to the association at the time of such
    27             person's acquisition a sworn affidavit declaring the
    28             person's intention to reconvey such unit within 18
    29             months of its acquisition; and
    30                 (B)  completes such reconveyance within 18
    19990H1993B2515                 - 10 -

     1             months.
     2         (13)  Provide for the indemnification of its officers and
     3     executive board and maintain directors' and officers'
     4     liability insurance.
     5         (14)  Assign its right to future income, including the
     6     right to receive the payments made on account of common
     7     expense assessments, but only to the extent the declaration
     8     expressly so provides.
     9         (15)  Enjoin, abate or remedy by appropriate legal
    10     proceedings either at law or in equity any violation of the
    11     declaration, bylaws or this subpart by any proprietary lessee
    12     or other person.
    13         (16)  Terminate proprietary leases and all rights of
    14     proprietary lessees with respect to their cooperative
    15     interests and redeem cooperative interests of proprietary
    16     lessees in connection with the exercise of the association's
    17     remedies for nonpayment of assessments pursuant to section
    18     4315 (relating to lien for assessments) or in connection with
    19     the association's remedies for other violations of the
    20     declaration, bylaws, proprietary lease or this subpart
    21     pursuant to section 4319 (relating to termination of
    22     cooperative interest), although the declaration may expressly
    23     require such termination to be subject to the approval of a
    24     specified vote of the proprietary lessees if the cause for
    25     such termination is of a type specified in the declaration or
    26     is for any cause if the declaration so specifies.
    27         (17)  Assign or delegate any powers of the association
    28     listed in this section to a master association subject to the
    29     provisions of section 4219 (relating to master associations)
    30     and accept any assignment or delegation of powers from one or
    19990H1993B2515                 - 11 -

     1     more cooperatives or other incorporated or unincorporated
     2     associations.
     3         (18)  Exercise any other powers conferred by the
     4     declaration or bylaws.
     5         (19)  Exercise all other powers that may be exercised in
     6     this Commonwealth by legal entities of the same type as the
     7     association.
     8         (20)  Exercise any other powers necessary and proper for
     9     the governance and operation of the association.
    10     * * *
    11  § 4303.  Executive board members and officers.
    12     (a)  Fiduciary status and exercise of duties.--Except as
    13  provided in the declaration, the bylaws in subsection (b) or in
    14  other provisions of this subpart, the executive board may act in
    15  all instances on behalf of the association. In the performance
    16  of their duties, the officers and members of the executive board
    17  shall stand in a fiduciary relation to the association and shall
    18  perform their duties, including duties as members of any
    19  committee of the board upon which they may serve, in good faith,
    20  in a manner they reasonably believe to be in the best interests
    21  of the association and with such care, including reasonable
    22  inquiry, skill and diligence, as a person of ordinary prudence
    23  would use under similar circumstances. In authorizing the
    24  investment of association funds, including, but not limited to,
    25  reserves, the officers and members of the executive board shall
    26  exercise that degree of judgment and care, under the then
    27  prevailing circumstances of the association, which persons of
    28  prudence, discretion and intelligence would exercise in the
    29  management of their own affairs, not in regard to speculation,
    30  but in regard to the permanent disposition of their funds,
    19990H1993B2515                 - 12 -

     1  considering the probable income to be derived therefrom as well
     2  as the probable safety of their capital. In performing his
     3  duties, an officer or executive board member shall be entitled
     4  to rely in good faith on information, opinions, reports or
     5  statements, including financial statements and other financial
     6  data, in each case prepared or presented by any of the
     7  following:
     8         (1)  One or more other officers or employees of the
     9     association whom the officer or executive board member
    10     reasonably believes to be reliable and competent in the
    11     matters presented.
    12         (2)  Counsel, public accountants or other persons as to
    13     matters which the officer or executive board member
    14     reasonably believes to be within the professional or expert
    15     competence of such person.
    16         (3)  A committee of the executive board upon which he
    17     does not serve, duly designated in accordance with law, as to
    18     matters within its designated authority, which committee the
    19     officer or executive board member reasonably believes to
    20     merit confidence.
    21  An officer or executive board member shall not be considered to
    22  be acting in good faith if he has knowledge concerning the
    23  matter in question that would cause his reliance to be
    24  unwarranted.
    25     * * *
    26     Section 4.  Sections 4313(a), (b), (e) and (g) and 4315(b) of
    27  Title 68 are amended and the sections are amended by adding
    28  subsections to read:
    29  § 4313.  Insurance.
    30     (a)  Insurance to be carried by association.--Commencing not
    19990H1993B2515                 - 13 -

     1  later than the time of the first conveyance of a cooperative
     2  interest to a person other than a declarant, the association
     3  shall maintain, to the extent reasonably available:
     4         (1)  Property insurance on the common elements and units
     5     insuring against all risks of direct physical loss commonly
     6     insured against or, in the case of a conversion building,
     7     against fire and extended coverage perils. The total amount
     8     of insurance after application of any deductibles shall be
     9     not less than 80% of the actual cash value of the insured
    10     property at the time the insurance is purchased and at each
    11     renewal date, exclusive of land, excavations, foundations and
    12     other items normally excluded from property policies.
    13         (2)  Liability insurance, including medical payments
    14     insurance, in an amount determined by the executive board but
    15     not less than any amount specified in the declaration,
    16     covering all occurrences commonly insured against for death,
    17     bodily injury and property damage arising out of or in
    18     connection with the use, ownership or maintenance of the
    19     common elements and units.
    20         (3)  Any property or comprehensive general liability
    21     insurance carried by the association may contain a deductible
    22     provision in a reasonable amount to be determined by the
    23     executive board based on the prevailing circumstances of the
    24     association and market conditions for the insurance to be
    25     carried.
    26     (b)  Other insurance carried by association.--If the
    27  insurance described in subsection (a) is not reasonably
    28  available, the association promptly shall cause notice of that
    29  fact to be hand delivered or sent prepaid by the United States
    30  mail to all proprietary lessees. The declaration may require the
    19990H1993B2515                 - 14 -

     1  association to carry any other insurance, and the association in
     2  any event may carry any other insurance [it deems] in such
     3  reasonable amounts and with such reasonable deductibles as it
     4  may deem appropriate to protect the association or the
     5  proprietary lessees.
     6     * * *
     7     (e)  Unit owner may obtain insurance.--It shall be the
     8  obligation of the proprietary lessee to insure his unit for all
     9  losses not covered by such insurance as is provided by the
    10  association in accordance with this section or the declaration.
    11  An insurance policy issued to the association [does] shall not
    12  prevent a proprietary lessee from obtaining insurance for his
    13  own benefit[.], including, but not limited to, insurance to
    14  cover any deductibles or losses not covered by the association's
    15  property or comprehensive general liability insurance.
    16     * * *
    17     (g)  Disposition of insurance proceeds.--
    18         (1)  Any portion of the cooperative for which insurance
    19     is required under this section which is damaged or destroyed
    20     shall be repaired or replaced promptly by the association
    21     unless:
    22             (i)  the cooperative is terminated;
    23             (ii)  repair or replacement would be illegal under
    24         any State or local health or safety statute or ordinance;
    25         or
    26             (iii)  80% of the proprietary lessees, including
    27         every proprietary lessee of a unit or assigned limited
    28         common element which will not be rebuilt, vote not to
    29         rebuild.
    30     [The] Except for the costs of repair or replacement which are
    19990H1993B2515                 - 15 -

     1     not covered due to deductibles, the cost of repair or
     2     replacement in excess of insurance proceeds and reserves
     3     which have not been identified by the executive board to fund
     4     costs of capital expenditures budgeted for the current fiscal
     5     year of the association is a common expense.
     6         (2)  If the entire cooperative is not repaired or
     7     replaced:
     8             (i)  the insurance proceeds attributed to the damaged
     9         common elements must be used to restore the damaged area
    10         to a condition compatible with the remainder of the
    11         cooperative; and
    12             (ii)  except to the extent that other persons will be
    13         distributees and except as is otherwise provided in
    14         section 4321(i) (relating to limited equity
    15         cooperatives):
    16                 (A)  the insurance proceeds attributable to units
    17             and limited common elements which are not rebuilt
    18             must be distributed to the proprietary lessees of
    19             those units and the proprietary lessees of the units
    20             to which those limited common elements were located
    21             or to lienholders, as their interests may appear; and
    22                 (B)  the remainder of the proceeds must be
    23             distributed to all the proprietary lessees or
    24             lienholders, as their interests may appear, in
    25             proportion to the common expense liabilities of all
    26             the cooperative interests.
    27     If the proprietary lessees vote not to rebuild any unit, the
    28     allocated interests of the cooperative interest of which that
    29     unit is a part are automatically reallocated upon the vote as
    30     if the unit had been condemned under section 4107(a)
    19990H1993B2515                 - 16 -

     1     (relating to eminent domain), and the association promptly
     2     shall prepare, execute and record an amendment to the
     3     declaration reflecting the reallocations.
     4         (3)  Notwithstanding the provisions of this subsection,
     5     section 4217 (relating to termination of cooperative
     6     ownership) governs the distribution of insurance proceeds if
     7     the cooperative is terminated.
     8     * * *
     9     (i)  Recovery of deductibles.--If any insurance policy
    10  maintained by the association contains a deductible, then that
    11  portion of any loss or claim which is not covered by insurance
    12  due to the application of a deductible, as well as any claim or
    13  loss for which the association is self-insured, shall be levied
    14  by the executive board in accordance with section 4314(c)
    15  (relating to assessments for common expenses) to the extent
    16  applicable, or in the absence of the application thereof, as a
    17  common expense assessment against all of the units.
    18  § 4315.  Lien for assessments.
    19     * * *
    20     (b)  Priority of lien.--
    21         (1)  A lien under this section is prior to all other
    22     liens and encumbrances on a cooperative interest except:
    23             (i)  Liens and encumbrances on the cooperative which
    24         the association creates, assumes or takes subject to.
    25             (ii)  The first security interest encumbering only
    26         the cooperative interest and perfected before the date on
    27         which the assessment or the first installment payable on
    28         the assessment, if the assessment is payable in
    29         installments, sought to be enforced became delinquent.
    30             (iii)  Liens for real estate taxes and other
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     1         governmental assessments or charges against the
     2         cooperative or the cooperative interest.
     3         (2)  The association's lien for common expenses shall be
     4     divested by a judicial sale in foreclosure of the first
     5     mortgage of the cooperative interest:
     6             (i)  [As to unpaid common expense assessments made
     7         under section 4314(b)] Except as to unpaid assessments
     8         for which the association has a lien under this section
     9         that come due during the six months immediately preceding
    10         [institution of] a judicial sale of a cooperative
    11         interest in an action to enforce collection of a lien
    12         against a cooperative interest [by a judicial sale, only
    13         to the extent that the six months unpaid assessments are
    14         paid out of the proceeds of the sale].
    15             (ii)  As to unpaid [common expense] assessments [made
    16         under section 4314(b)] for which the association has a
    17         lien under this section other than the six months
    18         assessment referred to in subparagraph (i), in the full
    19         amount of these unpaid assessments[, whether or not the
    20         proceeds of the judicial sale are adequate to pay these
    21         assessments].
    22     To the extent the proceeds of the sale are sufficient to pay
    23     some or all of [these] the additional unpaid assessments,
    24     after satisfaction in full of the costs of the judicial sale,
    25     and the liens and encumbrances of the types described in
    26     paragraph (1) and the unpaid common expense assessments that
    27     come due during the six-month period described in
    28     subparagraph (i), they shall be paid before any remaining
    29     proceeds may be paid to any other claimant, including the
    30     prior owner of the cooperative interest.
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     1         (3)  The lien is not subject to the provisions of 42
     2     Pa.C.S. § 8123 (relating to general monetary exemption).
     3     * * *
     4     (i)  Application of payments.--Unless the declaration
     5  otherwise provides, any payment received by an association in
     6  connection with the lien under this section shall be applied
     7  first to any interest accrued by the association, then to any
     8  late fee, then to any costs and reasonable attorney fees
     9  incurred by the association in collection or enforcement and
    10  then to the delinquent assessment. The foregoing shall be
    11  applicable notwithstanding any restrictive endorsement,
    12  designation or instructions placed on or accompanying a payment.
    13     Section 5.  This act shall take effect in 60 days.












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