THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE RESOLUTION

INTRODUCED BY SIPTROTH, SCAVELLO, BARRAR, BRADFORD, CALTAGIRONE, CARROLL, COHEN, DONATUCCI, HENNESSEY, MURT, O'NEILL, PEIFER, READSHAW, SANTONI, WATERS, WATSON AND YOUNGBLOOD, JUNE 12, 2009

REFERRED TO COMMITTEE ON URBAN AFFAIRS, JUNE 12, 2009  

A RESOLUTION

Directing the Joint State Government Commission to conduct a

study on the impact of common interest ownership communities

on local governments and the Commonwealth, the challenges

facing the residents and governing bodies of these common

interest ownership communities and opportunities for the

Commonwealth to assist local governments and common interest

ownership communities to deliver adequate services to their

residents at an affordable cost. 

WHEREAS, According to the Pennsylvania and Delaware Valley

Chapter of the Community Associations Institute, there are

approximately 15,000 common interest ownership communities,

which have a total of approximately three million property

owners in Pennsylvania, which represents an estimated 25% of the

population; and

WHEREAS, In many instances, common interest ownership

communities provide some of the same services that the

municipalities in which these communities are located provide to

individuals who do not live in common interest ownership

communities; and

WHEREAS, As a result, residents of common interest

communities often pay twice for the same services, once in the

form of assessments paid to their community association and

again in the form of municipal taxes; and

WHEREAS, Residents of common interest communities contribute

to State-funded programs that provide infrastructure

improvements with their State tax dollars, but residents'

community associations are often ineligible to apply for these

programs to address infrastructure needs; and

WHEREAS, The public benefits from various types of

infrastructure within the common interest communities,

including, but not limited to, storm water management

facilities, dams, on-lot septic systems and public roads; and

WHEREAS, Because many private wells and on-lot septic systems

within common interest communities were constructed before the

adoption of the Uniform Construction Code, the municipalities in

which they are located may not have inspected them. These wells

may be at the end of their operational lives or contaminating

the groundwater; and

WHEREAS, Rising foreclosure rates and the national economic

downturn have made it difficult for common interest ownership

communities to collect assessments from an increasing number of

residents, thereby making it more difficult to maintain the

commonly held property within these communities; therefore be it

RESOLVED, That the House of Representatives direct the Joint

State Government Commission to conduct a study of the impact of

common interest ownership communities as described under the

Real Estate Cooperative Act, the Uniform Condominium Act and the

Uniform Planned Community Act on local governments and the

Commonwealth, the challenges facing the residents and governing

bodies of common interest ownership communities and

opportunities for the Commonwealth to assist local governments

and common interest ownership communities to deliver adequate

services to their residents at an affordable cost; and be it

further

RESOLVED, That the Joint State Government Commission study,

at a minimum, all of the following:

(1)  The number of common interest ownership communities

in each county.

(2)  The number of common interest ownership communities

in each municipality.

(3)  The approximate amount of State taxes paid each year

by residents of interest ownership communities.

(4)  The approximate amount of local taxes paid each year

by residents of interest ownership communities to each

municipality.

(5)  The amount and age of current infrastructure within

the common interest ownership communities. 

(6)  The impact of allowing common interest ownership

communities to access State funds for infrastructure

improvements.

(7)  Whether there are opportunities for the Commonwealth

to assist local governments and common interest ownership

communities to deliver adequate services to their residents

at an affordable cost;

and be it further

RESOLVED, That the Joint State Government Commission report

its findings and recommendations to the House of Representatives

no later than one year after the adoption of this resolution.