PRINTER'S NO. 1822
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1340
Session of
2015
INTRODUCED BY WHITE, MURT, THOMAS, TOPPER, PETRI, GROVE, TAYLOR,
COHEN AND ZIMMERMAN, JUNE 16, 2015
REFERRED TO COMMITTEE ON URBAN AFFAIRS, JUNE 16, 2015
AN ACT
Amending Title 68 (Real and Personal Property) of the
Pennsylvania Consolidated Statutes, in condominiums, further
providing for creation, alteration and termination of
condominiums and for management of condominiums; and, in
planned communities, further providing for creation,
alteration and termination of planned communities and for
management of planned communities.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 3219(d), 3315(d), 5219(d) and 5315(e) of
Title 68 of the Pennsylvania Consolidated Statutes are amended
to read:
§ 3219. Amendment of declaration.
* * *
(d) When unanimous consent required.--
(1) Except to the extent expressly permitted or required
by other provisions of this subpart, no amendment may create
or increase special declarant rights, increase the number of
units or change the boundaries of any unit, the common
element interest, common expense liability or voting strength
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in the association allocated to a unit, or the uses to which
any unit is restricted, in the absence of unanimous consent
of the unit owners.
(2) As used in this subsection, the term "uses to which
any unit is restricted" shall not include leasing of units.
* * *
§ 3315. Lien for assessments.
* * *
(d) Limitation of actions.--A lien for unpaid assessments is
extinguished unless proceedings to enforce the lien or actions
or suits to recover sums for which subsection (a) establishes a
lien are instituted within [three] four years after the
assessments become payable.
* * *
§ 5219. Amendment of declaration.
* * *
(d) When unanimous consent or declarant joinder required.--
(1) Except to the extent expressly permitted or required
by other provisions of this subpart, without unanimous
consent of all unit owners affected, no amendment may create
or increase special declarant rights, alter the terms or
provisions governing the completion or conveyance or lease of
common facilities or increase the number of units or change
the boundaries of any unit, the common expense liability or
voting strength in the association allocated to a unit or the
uses to which any unit is restricted. In addition, no
declaration provisions pursuant to which any special
declarant rights have been reserved to a declarant shall be
amended without the express written joinder of the declarant
in such amendment.
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(2) As used in this subsection, the term "uses to which
any unit is restricted" shall not include leasing of units.
* * *
§ 5315. Lien for assessments.
* * *
(e) Limitation of actions.--A lien for unpaid assessments is
extinguished unless proceedings to enforce the lien or actions
or suits to recover sums for which subsection (a) establishes a
lien are instituted within [three] four years after the
assessments become payable.
* * *
Section 2. This act shall take effect in 60 days.
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