Regular Session 2021-2022 House Bill 1795 P.N. 3585

SENATE AMENDED

PRIOR PRINTER'S NOS. 2035, 2190, 3242,

3513

PRINTER'S NO. 3585

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1795

Session of

2021

INTRODUCED BY R. BROWN, RADER, HELM, M. MACKENZIE, CIRESI,

GAYDOS AND T. DAVIS, AUGUST 17, 2021

AS AMENDED ON THIRD CONSIDERATION, IN SENATE, OCTOBER 24, 2022

AN ACT

Amending Title 68 (Real and Personal Property) of the

Pennsylvania Consolidated Statutes, in general provisions

relating to condominiums, further providing for definitions;

in management of the condominium, further providing for

executive board members and officers, for bylaws and, for

meetings, FOR QUORUMS AND FOR VOTING AND PROXIES; in general

provisions relating to cooperatives, further providing for

definitions; in creation, alteration and termination of

cooperatives, further providing for master associations; in

management of cooperatives, further providing for bylaws and,

for meetings, FOR QUORUMS AND FOR VOTING AND PROXIES; in

general provisions relating to planned communities, further

providing for definitions; in creation, alteration and

termination of planned communities, further providing for

master associations; and, in management of planned community,

further providing for bylaws and, for meetings, FOR QUORUMS

AND FOR VOTING AND PROXIES.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 3103 of Title 68 of the Pennsylvania

Consolidated Statutes is amended by adding definitions to read:

§ 3103. Definitions.

The following words and phrases when used in this subpart and

in the declaration and bylaws shall have the meanings given to

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them in this section unless specifically provided otherwise or

unless the context clearly indicates otherwise:

* * *

"IMMEDIATE FAMILY." A PARENT, SPOUSE, CHILD, BROTHER OR

SISTER.

"Independent reviewer." A person who is selected by the

declarant or a majority of the unit owners EXECUTIVE BOARD of a

condominium and satisfies all of the following:

(1) Holds a certificate issued by the Commonwealth as a

certified public accountant, is licensed to practice law in

this Commonwealth AND SPECIALIZES IN CONDOMINIUMS OR REAL

ESTATE LAW or is a vote management system.

(2) Is not a unit owner, directly or indirectly.

(3) Has no immediate family relationship with the

declarant, a unit owner or a THE condominium manager.

(4) Has no financial interest shared with the declarant,

a unit owner or a THE condominium manager.

(5) If compensated by the declarant, a director, the

association or a THE condominium manager, has disclosed the

terms of the compensation to all unit owners at a scheduled

meeting .

* * *

"Vote management system." A third-party vendor who operates

a digital or subscription service that securely manages the

conduct of elections and voting procedures.

* * *

Section 2. Section 3303(d) and (e) of Title 68 are amended

and the section is amended by adding a subsection to read:

§ 3303. Executive board members and officers.

* * *

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(d) Election of members during transfer of declarant

control.--

(1) Not later than 60 days after conveyance of 25% of

the units to unit owners other than a declarant, not less

than 25% of the members of the executive board shall be

elected by unit owners other than the declarant.

(2) Not later than 60 days after conveyance of 50% of

the units to unit owners other than a declarant, not less

than 33 1/3% of the members of the executive board shall be

elected by unit owners other than the declarant.

(3) A vote by a unit owner must be submitted by the unit

owner to an independent reviewer who shall tally the results

of the election and certify the results to the declarant, the

executive board and unit owners. In order to be eligible to

vote in the election, a unit owner shall be in good standing

with the association. If a third-party vendor conducts the

election, the executive board may SHALL present the official

election results based on the certified election report from

the independent reviewer at a meeting of the unit owners and

shall enter the results in the meeting records. The executive

board shall ensure that all mailings relating to the election

use the return address of the third-party vendor that

conducts the election. All votes by unit owners under this

paragraph shall be submitted to the independent reviewer in

either an electronic or a paper format. If votes are

submitted in an electronic format, the association shall

provide reasonable accommodations to a unit owner who does

not have access to electronic means to submit the unit

owner's vote. This paragraph shall only apply to a

condominium with at least 100 500 units. If a condominium has

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more than 100 units and less than 500 units, the association

may opt out of IN TO the requirements under this paragraph by

a majority vote of unit owners. A VOTE OF AT LEAST 51% OF THE

VOTES COLLECTED FROM THE UNIT OWNERS IN PERSON,

ELECTRONICALLY OR BY ABSENTEE BALLOT WHICH ARE IN FAVOR OF

THE REQUIREMENTS UNDER THIS PARAGRAPH.

(e) Election of members and officers following declarant

control.--

(1) Not later than the termination of any period of

declarant control, the unit owners shall elect an executive

board of at least three members at least a majority of whom

must be unit owners, except that the executive board may

consist of two members, both of whom must be unit owners, if

the condominium consists of two units. The executive board

shall elect the officers. The persons elected shall take

office upon election.

(2) In the event that the election of the executive

board by the unit owners fails to take place not later than

the termination of a period of declarant control as provided

in this section, then a special meeting of the unit owners

may be called for such purpose by any member of the executive

board elected by the unit owners or, if there is no such

member of the executive board, the unit owners entitled to

cast at least 10% of the votes in the association.

(3) A vote by a unit owner must be submitted by the unit

owner to an independent reviewer who shall tally the results

of the election and certify the results to the executive

board and unit owners. In order to be eligible to vote in the

election, a unit owner shall be in good standing with the

association. If a third-party vendor conducts the election,

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the THE executive board may SHALL present the official

election results based on the certified election report from

the independent reviewer at a meeting of the unit owners and

shall enter the results in the meeting records. The executive

board shall ensure that all mailings relating to the election

use the return address of the third-party vendor that

conducts the election. All votes by unit owners under this

paragraph shall be submitted to the independent reviewer in

either an electronic or a paper format. If votes are

submitted in an electronic format, the association shall

provide reasonable accommodations to a unit owner who does

not have access to electronic means to submit the unit

owner's vote. ACCORDANCE WITH THE APPROVED METHODS OF VOTING

AS PROVIDED IN THIS SUBPART. This paragraph shall only apply

to a condominium with at least 100 500 units. If a

condominium has more than 100 units and less than 500 units,

the association may opt out of IN TO the requirements under

this paragraph by amending the association's bylaws by a

majority vote of unit owners. A VOTE OF AT LEAST 51% OF THE

VOTES COLLECTED FROM THE UNIT OWNERS IN PERSON,

ELECTRONICALLY OR BY ABSENTEE BALLOT WHICH ARE IN FAVOR OF

THE REQUIREMENTS UNDER THIS PARAGRAPH.

* * *

(g) Removal of member of executive board.-- Notwithstanding

any provision of the declaration or bylaws to the contrary, the

unit owners, by a two-thirds vote of all persons present and

entitled to vote at any meeting of the unit owners at which a

quorum is present, may remove any member of the executive board

with or without cause, other than a member appointed by the

declarant, provided notice of the intention to remove a member

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of the executive board is given with the notice of the meeting

at which such removal is considered , AS PROVIDED UNDER SECTION

4303(G) (RELATING TO EXECUTIVE BOARD MEMBERS AND OFFICERS) .

Section 3. Sections 3306(a)(3) and (6) and 3308, 3308 AND

3309(A) of Title 68 are amended to read:

§ 3306. Bylaws.

(a) Mandatory provisions.--The bylaws of the association

must provide for:

* * *

(3) The qualifications, powers and duties, terms of

office and manner of electing executive board members and

officers and removing executive board members and officers

under section 3303(g) (relating to executive board members

and officers) and filling vacancies.

* * *

(6) The method of amending the bylaws. The following

apply:

(i) The bylaws may be amended only by vote , vote by

proxy or agreement of unit owners of units to which at

least:

(A) fifty-one percent of the votes are collected

from unit owners in person, electronically or by

absentee ballot WHICH ARE IN FAVOR OF THE AMENDMENT

IN THE ASSOCIATION ARE ALLOCATED ;

(B) any larger majority as specified in the

bylaws; or

the bylaws if all of the units are restricted

exclusively to nonresidential use.

(ii) The vote may be taken only at a scheduled

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meeting AND FOLLOWING NOTICE TO THE UNIT OWNERS as

provided under section 3308 (relating to meetings) that

was advertised seven 14 days in advance to the unit

owners. Absentee voting shall be permitted to unit owners

provided that the ballots must be submitted to an

independent reviewer within five days after BY THE

COMMENCEMENT OF the scheduled meeting .

* * *

§ 3308. Meetings.

(a) In-person association meetings TIMING AND NOTICE .-- The

bylaws must require that in-person meetings of the association

be held at least once each year and provide for special

meetings. The bylaws must specify which of the association's

officers, not less than ten nor more than 60 days in advance of

any meeting, shall cause notice to be hand delivered or sent

prepaid by United States mail to the mailing address of each

unit or to any other mailing address designated in writing by

the unit owner. THE NOTICE OF A MEETING MAY BE DELIVERED BY

ELECTRONIC MEANS IF THE UNIT OWNER HAS AGREED IN WRITING TO

ACCEPT THE NOTICE BY ELECTRONIC MEANS OR WHERE THE BYLAWS PERMIT

ELECTRONIC NOTICES. The notice of [any] an in-person meeting

must state the time and place of the meeting and the items on

the agenda, including the general nature of any proposed

amendment to the declaration or bylaws, any budget or assessment

changes and, where the declaration or bylaws require approval of

unit owners, any proposal to remove an executive board member or

officer.

(a.1) Virtual association meetings.--

(1) The bylaws must require that notice of virtual

meetings of the association be given by:

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(i) First class or express mail, postage prepaid, or

courier service, charges prepaid, to the mailing address

of each unit or to any other mailing address designated

in writing by the unit owner. Notice under this

subparagraph shall be deemed to have been given to a unit

owner when deposited in the United States mail or with a

courier service for delivery to the unit owner.

(ii) Facsimile transmission, e-mail or other

electronic communication to the unit owner's facsimile

number or address for e-mail or other electronic

communications supplied by the unit owner for the purpose

of notice. Notice under this subparagraph shall be deemed

to have been given to the unit owner when sent.

(2) (Reserved).

(B) DELIVERY OF NOTICE.--THE BYLAWS MUST REQUIRE THAT NOTICE

OF VIRTUAL MEETINGS OF THE ASSOCIATION BE GIVEN BY:

(1) FIRST CLASS OR EXPRESS MAIL, POSTAGE PREPAID, OR

COURIER SERVICE, CHARGES PREPAID, TO THE MAILING ADDRESS OF

EACH UNIT OR TO ANY OTHER MAILING ADDRESS DESIGNATED IN

WRITING BY THE UNIT OWNER. NOTICE UNDER THIS PARAGRAPH SHALL

BE DEEMED TO HAVE BEEN GIVEN TO A UNIT OWNER WHEN DEPOSITED

IN THE UNITED STATES MAIL OR WITH A COURIER SERVICE FOR

DELIVERY TO THE UNIT OWNER.

(2) FACSIMILE TRANSMISSION, E-MAIL OR OTHER ELECTRONIC

COMMUNICATION TO THE UNIT OWNER'S FACSIMILE NUMBER OR ADDRESS

FOR E-MAIL OR OTHER ELECTRONIC COMMUNICATIONS SUPPLIED BY THE

UNIT OWNER, PROVIDED THAT THE UNIT OWNER HAS AGREED IN

WRITING TO ACCEPT THE NOTICE BY ELECTRONIC MEANS OR WHERE THE

BYLAWS EXPRESSLY PERMIT MEANS OF DELIVERING ELECTRONIC

NOTICE . NOTICE UNDER THIS PARAGRAPH SHALL BE DEEMED TO HAVE

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BEEN GIVEN TO THE UNIT OWNER WHEN SENT.

(b) (C) Use of remote technology.--Except as otherwise

provided in the bylaws, an individual may participate in a

meeting of the executive board or association by means of a

conference telephone or other remote electronic technology,

including the Internet, which allows participants in the meeting

to hear each other. Participation in a meeting as authorized

under this subsection shall be deemed in-person attendance at

the meeting.

special session of the association be held not later than seven

days before the election of an executive board member or officer

of the association to allow the unit owners to meet each

candidate for an executive board position or officer position. A

special session under this subsection may be held virtually or

in person. Each candidate for an executive board position or

officer position with the association shall have equal time to

address the unit owners during a special session under this

subsection.

(d) Recorded meeting.--If a meeting of the association will

be recorded via audio or video, an announcement shall be made at

the commencement of the meeting that the meeting will be

recorded. A recorded meeting under this subsection shall be

available to unit owners for a period of six months after the

date of the meeting.

(D) PRE-ELECTION SESSIONS.--THE BYLAWS MUST REQUIRE THAT, IN

THE EVENT THAT THERE ARE MORE CANDIDATES THAN OPEN POSITIONS ON

THE EXECUTIVE BOARD, THEN, UPON REQUEST OF ONE OR MORE OF THE

CANDIDATES, THE ASSOCIATION SHALL HOLD A SPECIAL SESSION AT

LEAST SEVEN DAYS BEFORE THE ELECTION OF AN EXECUTIVE BOARD

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MEMBER TO ALLOW THE UNIT OWNERS TO MEET EACH CANDIDATE FOR AN

EXECUTIVE BOARD POSITION. EACH CANDIDATE FOR AN EXECUTIVE BOARD

POSITION SHALL HAVE EQUAL TIME TO ADDRESS THE UNIT OWNERS DURING

A SPECIAL SESSION UNDER THIS SUBSECTION.

(E) RECORDED MEETING.--UNLESS THE BYLAWS PROVIDE OTHERWISE,

MEETINGS OF THE ASSOCIATION MAY BE RECORDED BY THE EXECUTIVE

BOARD VIA AUDIO OR VIDEO TECHNOLOGY, PROVIDED THAT AN

ANNOUNCEMENT IS MADE BY THE PRESIDING OFFICER AT THE

COMMENCEMENT OF THE MEETING THAT THE MEETING WILL BE RECORDED. A

RECORDED MEETING UNDER THIS SUBSECTION SHALL BE MAINTAINED AND

AVAILABLE TO UNIT OWNERS FOR A PERIOD OF NO LESS THAN SIX MONTHS

AFTER THE DATE OF THE MEETING.

§ 3309. QUORUMS.

(A) ASSOCIATION.--

(1) UNLESS THE BYLAWS PROVIDE OTHERWISE, A QUORUM IS

DEEMED PRESENT THROUGHOUT ANY MEETING OF THE ASSOCIATION IF

PERSONS ENTITLED TO CAST 20% OF THE VOTES WHICH MAY BE CAST

FOR ELECTION OF THE EXECUTIVE BOARD ARE PRESENT IN PERSON OR

BY PROXY AT THE BEGINNING OF THE MEETING. THE BYLAWS MAY

REQUIRE A LARGER PERCENTAGE OR A SMALLER PERCENTAGE NOT LESS

THAN 10%.

(2) IF THE ASSOCIATION FAILS TO MEET A QUORUM AT TWO

SUBSEQUENT MEETINGS UNDER THIS SUBSECTION, THE ASSOCIATION

MAY UTILIZE THE PROVISIONS UNDER 15 PA.C.S. § 5756(B)

(RELATING TO QUORUM) TO MEET QUORUM REQUIREMENTS, EXCEPT AS

OTHERWISE PROVIDED IN THE DECLARATION OR BYLAWS OF THE

ASSOCIATION.

* * *

SECTION 4. SECTION 3310 OF THE ACT IS AMENDED BY ADDING

SUBSECTIONS TO READ:

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§ 3310. VOTING; PROXIES.

* * *

(E) APPROVED METHODS OF VOTING.--METHODS OF VOTING SHALL BE

IN ACCORDANCE WITH THE FOLLOWING:

(1) EXCEPT TO THE EXTENT EXPRESSLY PROHIBITED IN AN

ASSOCIATION'S DECLARATION OR BYLAWS, THE VOTING RIGHTS OF A

UNIT OWNER MAY BE CAST OR GIVEN IN THE FOLLOWING WAYS:

(I) IN PERSON OR BY PROXY AT A MEETING OF THE

ASSOCIATION;

(II) BY ABSENTEE OR ELECTRONIC BALLOT IN ACCORDANCE

WITH THIS SUBPART; OR

(III) BY ANOTHER METHOD OF VOTING EXPRESSLY PROVIDED

IN THE ASSOCIATION'S DECLARATION OR BYLAWS.

(2) AN ABSENTEE OR ELECTRONIC BALLOT MAY:

(I) BE COUNTED AS A UNIT OWNER PRESENT AND VOTING

FOR THE PURPOSE OF ESTABLISHING A QUORUM, AND OTHERWISE,

ONLY FOR AGENDA ITEMS APPEARING ON THE BALLOT.

(II) NOT BE COUNTED EVEN IF PROPERLY DELIVERED, IF

THE UNIT OWNER ATTENDS THE MEETING TO VOTE IN PERSON. A

VOTE CAST AT A MEETING BY A UNIT OWNER SUPERSEDES A VOTE

SUBMITTED BY ABSENTEE OR ELECTRONIC BALLOT PREVIOUSLY

SUBMITTED FOR THAT AGENDA ITEM.

(3) FOR THE PURPOSES OF THIS SUBSECTION, THE TERM

"ELECTRONIC BALLOT" MEANS A BALLOT CAST OR GIVEN BY

ELECTRONIC TRANSMISSION OVER THE INTERNET, VOTE MANAGEMENT

SYSTEM OR THE ASSOCIATION'S COMMUNITY NETWORK, WHETHER BY

DIRECT CONNECTION, INTRANET, TELECOPIER, ELECTRONIC MAIL OR

OTHER TECHNOLOGICAL MEANS, IF THE IDENTITY OF THE UNIT OWNER

SUBMITTING THE BALLOT CAN BE CONFIRMED AND A RECEIPT OF THE

ELECTRONIC TRANSMISSION AND BALLOT CAN BE MADE AVAILABLE TO

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THE UNIT OWNER.

(F) ACCLAMATION.--UNLESS THE BYLAWS OF THE ASSOCIATION

PROVIDE OTHERWISE, IN THE EVENT THAT AN ELECTION FOR A POSITION

ON THE EXECUTIVE BOARD IS UNCONTESTED, THE OFFICER OR CHAIR

PRESIDING AT THE ELECTION MEETING MAY DECLARE THE NOMINEE

ELECTED BY ACCLAMATION AFTER DETERMINING THERE ARE NO FURTHER

NOMINATIONS.

Section 4 5. Section 4103 of Title 68 is amended by adding

definitions to read:

§ 4103. Definitions.

Subject to additional definitions contained in subsequent

provisions of this subpart which are applicable to specific

provisions of this subpart, the following words and phrases when

used in this subpart and in the declaration and bylaws shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"IMMEDIATE FAMILY." A PARENT, SPOUSE, CHILD, BROTHER OR

SISTER.

"Independent reviewer." A person who is selected by the

declarant or a majority of the proprietary lessees EXECUTIVE

BOARD of a cooperative and satisfies all of the following:

(1) Holds a certificate as a certified public accountant

issued by the Commonwealth, is licensed to practice law in

this Commonwealth SPECIALIZING IN COOPERATIVE OR REAL ESTATE

LAW or is a vote management system.

(2) Is not a proprietary lessee of the cooperative,

directly or indirectly.

(3) Has no immediate family relationship with a

proprietary lessee of the cooperative or a THE cooperative

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manager.

(4) Has no financial interest shared with a proprietary

lessee of the cooperative or a THE cooperative manager.

(5) If compensated by the declarant, a director, the

association or a THE cooperative manager, has disclosed the

terms of the compensation to all proprietary lessees of the

cooperative at a scheduled meeting .

* * *

"Vote management system." A third-party vendor who operates

a digital or subscription service that securely manages the

conduct of elections and voting procedures.

Section 5 6. Section 4219 of Title 68 is amended by adding a

subsection to read:

§ 4219. Master associations.

* * *

(e.1) Independent reviewer.--The certificate of

incorporation or other instrument creating the master

association and the declaration of each cooperative, the powers

of which are assigned by the declaration or delegated to the

master association, shall provide that a vote by a proprietary

lessee in an election of the executive board of an association

must be submitted by the proprietary lessee to an independent

reviewer who shall tally the results of the election and certify

the results to the executive board and proprietary lessees. In

order to be eligible to vote in the election, a proprietary

lessee shall be in good standing with the master association. If

a third-party vendor conducts the election, the THE executive

board may SHALL present the official election results based on

the certified election report from the independent reviewer at a

meeting of the proprietary lessees and shall enter the results

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in the meeting records. The executive board shall ensure that

all mailings relating to the election use the return address of

the third-party vendor that conducts the election. All votes by

proprietary lessees under this subsection shall be submitted to

the independent reviewer in either an electronic or a paper

format. If votes are submitted in an electronic format, the

master association shall provide reasonable accommodations to a

proprietary lessee who does not have access to electronic means

to submit the proprietary lessee's vote. ACCORDANCE WITH THE

APPROVED METHODS OF VOTING AS PROVIDED UNDER THIS SUBPART. This

subsection shall only apply to a cooperative with at least 100

500 units. If a cooperative has more than 100 units and less

than 500 units, the master association may opt out of IN TO the

requirements under this subsection by a majority vote of

proprietary lessees. A VOTE OF AT LEAST 51% OF THE VOTES

COLLECTED FROM THE UNIT OWNERS IN PERSON, ELECTRONICALLY OR BY

ABSENTEE BALLOT WHICH ARE IN FAVOR OF THE REQUIREMENTS UNDER

THIS PARAGRAPH.

* * *

Section 6 7. Sections 4306(a)(3) and (6) and 4308 (6), 4308

AND 4309(A) of Title 68 are amended to read:

§ 4306. Bylaws.

(a) Mandatory provisions.--The bylaws of the association

must provide for:

* * *

(3) The qualifications, powers and duties, terms of

office and manner of electing executive board members and

officers and removing executive board members and officers

under section 4303(g) (relating to executive board members

and officers) and filling vacancies.

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* * *

(6) The method of amending the bylaws. The following

apply:

(i) The bylaws may be amended only by vote , vote by

proxy or agreement of proprietary lessees of cooperative

interests to which at least 51% of the votes are

collected from unit owners in person, electronically or

by absentee ballot or any larger majority the declaration

specifies. The declaration may specify a smaller number

only if all of the units are restricted exclusively to

nonresidential use.

(I) THE BYLAWS MAY BE AMENDED ONLY BY VOTE , VOTE BY

PROXY OR AGREEMENT OF PROPRIETARY LESSEES OF COOPERATIVE

INTERESTS TO WHICH AT LEAST:

(A) FIFTY-ONE PERCENT OF THE VOTES COLLECTED

FROM UNIT OWNERS IN PERSON, ELECTRONICALLY OR BY

ABSENTEE BALLOT ARE IN FAVOR OF THE AMENDMENT. IN THE

ASSOCIATION ARE ALLOCATED.

(B) A LARGER MAJORITY AS SPECIFIED IN THE

BYLAWS.

BYLAWS IF ALL OF THE UNITS ARE RESTRICTED EXCLUSIVELY

TO NONRESIDENTIAL USE.

(ii) The vote may be taken only at a scheduled

meeting AND FOLLOWING NOTICE TO THE UNIT OWNERS as

provided under section 4308 (relating to meetings) that

was advertised seven 14 days in advance to the

proprietary lessees. Absentee voting shall be permitted

to proprietary lessees provided that the ballots must be

submitted to an independent reviewer within five days

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after BY THE COMMENCEMENT OF the scheduled meeting .

* * *

§ 4308. Meetings.

[A] (a) In-person association meetings.-- An in-person TIMING

AND NOTICE.--A meeting of the association must be held at least

once each year. Special meetings of the association may be

called by the president, a majority of the executive board or by

20%, or any lower percentage specified in the bylaws, of the

proprietary lessees. Not less than ten nor more than 60 days in

advance of any meeting, the secretary or other officer specified

in the bylaws shall cause notice to be hand delivered or sent

prepaid by United States mail to the mailing address of each

unit or to any other mailing address designated in writing by

the proprietary lessee. THE NOTICE OF A MEETING MAY BE DELIVERED

BY ELECTRONIC MEANS IF THE UNIT OWNER HAS AGREED IN WRITING TO

ACCEPT THE NOTICE BY ELECTRONIC MEANS OR WHERE THE BYLAWS PERMIT

ELECTRONIC NOTICES. The notice of any meeting must state the

time and place of the meeting and the items on the agenda,

including the general nature of any proposed amendment to the

declaration or bylaws, any budget or assessment changes and,

where the declaration or bylaws require approval of the

proprietary lessees, any proposal to remove an executive board

member or officer.

(a.1) Virtual association meetings.--

(1) The bylaws must require that notice of virtual

meetings of the association be given by:

(i) First class or express mail, postage prepaid, or

courier service, charges prepaid, to the mailing address

of each unit or to any other mailing address designated

in writing by the proprietary lessee. Notice under this

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subparagraph shall be deemed to have been given to a

proprietary lessee when deposited in the United States

mail or with a courier service for delivery to the

proprietary lessee.

(ii) Facsimile transmission, e-mail or other

electronic communication to the proprietary lessee's

facsimile number or address for e-mail or other

electronic communications supplied by the proprietary

lessee for the purpose of notice. Notice under this

subparagraph shall be deemed to have been given to the

proprietary lessee when sent.

(2) (Reserved).

(B) DELIVERY OF NOTICE.--THE BYLAWS MUST REQUIRE THAT NOTICE

OF VIRTUAL MEETINGS OF THE ASSOCIATION BE GIVEN BY:

(1) FIRST CLASS OR EXPRESS MAIL, POSTAGE PREPAID, OR

COURIER SERVICE, CHARGES PREPAID, TO THE MAILING ADDRESS OF

EACH UNIT OR TO ANY OTHER MAILING ADDRESS DESIGNATED IN

WRITING BY THE PROPRIETARY LESSEE. NOTICE UNDER THIS

PARAGRAPH SHALL BE DEEMED TO HAVE BEEN GIVEN TO A PROPRIETARY

LESSEE WHEN DEPOSITED IN THE UNITED STATES MAIL OR WITH A

COURIER SERVICE FOR DELIVERY TO THE PROPRIETARY LESSEE.

(2) FACSIMILE TRANSMISSION, E-MAIL OR OTHER ELECTRONIC

COMMUNICATION TO THE PROPRIETARY LESSEE'S FACSIMILE NUMBER OR

ADDRESS FOR E-MAIL OR OTHER ELECTRONIC COMMUNICATIONS

SUPPLIED BY THE PROPRIETARY LESSEE, PROVIDED THAT THE UNIT

OWNER HAS AGREED IN WRITING TO ACCEPT THE NOTICE BY

ELECTRONIC MEANS OR WHERE THE BYLAWS EXPRESSLY PERMIT MEANS

OF DELIVERING ELECTRONIC NOTICE . NOTICE UNDER THIS PARAGRAPH

SHALL BE DEEMED TO HAVE BEEN GIVEN TO THE PROPRIETARY LESSEE

WHEN SENT.

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(b) (C) Use of remote technology.--Except as otherwise

provided in the bylaws, an individual may participate in a

meeting of the executive board or association by means of a

conference telephone or other remote electronic technology,

including the Internet, which allows participants in the meeting

to hear each other. Participation in a meeting as authorized

under this subsection shall be deemed in-person attendance at

the meeting.

special session of the association be held at least seven days

prior to the election of an executive board member or officer of

the association to allow the proprietary lessees to meet each

candidate for an executive board position or officer position. A

special session under this subsection may be held virtually or

in person. Each candidate for an executive board position or

officer position with the association shall have equal time to

address the proprietary lessees during a special session under

this subsection.

(d) Recorded meeting.--If a meeting of the association will

be recorded via audio or video, an announcement shall be made at

the commencement of the meeting that the meeting will be

recorded. A recorded meeting under this subsection shall be

available to proprietary lessees for a period of six months

after the date of the meeting.

(D) PRE-ELECTION SESSIONS.--THE BYLAWS MUST REQUIRE THAT, IN

THE EVENT THAT THERE ARE MORE CANDIDATES THAN OPEN POSITIONS ON

THE EXECUTIVE BOARD, THEN, UPON REQUEST OF ONE OR MORE OF THE

CANDIDATES, THE ASSOCIATION SHALL HOLD A SPECIAL SESSION AT

LEAST SEVEN DAYS PRIOR TO THE ELECTION OF AN EXECUTIVE BOARD

MEMBER TO ALLOW THE PROPRIETARY LESSEES TO MEET EACH CANDIDATE

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FOR AN EXECUTIVE BOARD POSITION. EACH CANDIDATE FOR AN EXECUTIVE

BOARD POSITION SHALL HAVE EQUAL TIME TO ADDRESS THE PROPRIETARY

LESSEES DURING A SPECIAL SESSION UNDER THIS SUBSECTION.

(E) RECORDED MEETING.--UNLESS THE BYLAWS PROVIDE OTHERWISE,

MEETINGS OF THE ASSOCIATION MAY BE RECORDED BY THE EXECUTIVE

BOARD VIA AUDIO OR VIDEO TECHNOLOGY, PROVIDED THAT AN

ANNOUNCEMENT IS MADE BY THE PRESIDING OFFICER AT THE

COMMENCEMENT OF THE MEETING THAT THE MEETING WILL BE RECORDED. A

RECORDED MEETING UNDER THIS SUBSECTION SHALL BE MAINTAINED AND

AVAILABLE TO PROPRIETARY LESSEES FOR A PERIOD OF NO LESS THAN

SIX MONTHS AFTER THE DATE OF THE MEETING.

§ 4309. QUORUMS.

(A) ASSOCIATION.--

(1) UNLESS THE BYLAWS PROVIDE OTHERWISE, A QUORUM IS

DEEMED PRESENT THROUGHOUT ANY MEETING OF THE ASSOCIATION IF

PERSONS ENTITLED TO CAST 20% OF THE VOTES WHICH MAY BE CAST

FOR ELECTION OF THE EXECUTIVE BOARD ARE PRESENT IN PERSON OR

BY PROXY AT THE BEGINNING OF THE MEETING. THE BYLAWS MAY

REQUIRE A LARGER PERCENTAGE OR A SMALLER PERCENTAGE NOT LESS

THAN 10%.

(2) IF THE ASSOCIATION FAILS TO MEET A QUORUM AT TWO

SUBSEQUENT MEETINGS UNDER THIS SUBSECTION, THE ASSOCIATION

MAY UTILIZE THE PROVISIONS UNDER 15 PA.C.S. § 5756(B)

(RELATING TO QUORUM) TO MEET QUORUM REQUIREMENTS, EXCEPT AS

OTHERWISE PROVIDED IN THE DECLARATION OR BYLAWS OF THE

ASSOCIATION.

* * *

SECTION 8. SECTION 4310 OF THE ACT IS AMENDED BY ADDING

SUBSECTIONS TO READ:

§ 4310. VOTING; PROXIES.

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* * *

(E) APPROVED METHODS OF VOTING.--METHODS OF VOTING SHALL BE

IN ACCORDANCE WITH THE FOLLOWING:

(1) EXCEPT TO THE EXTENT EXPRESSLY PROHIBITED IN AN

ASSOCIATION'S DECLARATION OR BYLAWS, THE VOTING RIGHTS OF A

UNIT OWNER MAY BE CAST OR GIVEN IN THE FOLLOWING WAYS:

(I) IN PERSON OR BY PROXY AT A MEETING OF THE

ASSOCIATION;

(II) BY ABSENTEE OR ELECTRONIC BALLOT IN ACCORDANCE

WITH THIS SUBPART; OR

(III) BY ANOTHER METHOD OF VOTING EXPRESSLY PROVIDED

IN THE ASSOCIATION'S DECLARATION OR BYLAWS.

(2) AN ABSENTEE OR ELECTRONIC BALLOT MAY:

(I) BE COUNTED AS A UNIT OWNER PRESENT AND VOTING

FOR THE PURPOSE OF ESTABLISHING A QUORUM, AND OTHERWISE,

ONLY FOR AGENDA ITEMS APPEARING ON THE BALLOT.

(II) NOT BE COUNTED EVEN IF PROPERLY DELIVERED, IF

THE UNIT OWNER ATTENDS THE MEETING TO VOTE IN PERSON. A

VOTE CAST AT A MEETING BY A UNIT OWNER SUPERSEDES A VOTE

SUBMITTED BY ABSENTEE OR ELECTRONIC BALLOT PREVIOUSLY

SUBMITTED FOR THAT AGENDA ITEM.

(3) FOR THE PURPOSES OF THIS SUBSECTION, THE TERM

"ELECTRONIC BALLOT" MEANS A BALLOT CAST OR GIVEN BY

ELECTRONIC TRANSMISSION OVER THE INTERNET, VOTE MANAGEMENT

SYSTEM OR THE ASSOCIATION'S COMMUNITY NETWORK, WHETHER BY

DIRECT CONNECTION, INTRANET, TELECOPIER, ELECTRONIC MAIL OR

OTHER TECHNOLOGICAL MEANS, IF THE IDENTITY OF THE UNIT OWNER

SUBMITTING THE BALLOT CAN BE CONFIRMED AND A RECEIPT OF THE

ELECTRONIC TRANSMISSION AND BALLOT CAN BE MADE AVAILABLE TO

THE UNIT OWNER.

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(F) ACCLAMATION.--UNLESS THE BYLAWS OF THE ASSOCIATION

PROVIDE OTHERWISE, IN THE EVENT THAT AN ELECTION FOR A POSITION

ON THE EXECUTIVE BOARD IS UNCONTESTED, THE OFFICER OR CHAIR

PRESIDING AT THE ELECTION MEETING MAY DECLARE THE NOMINEE

ELECTED BY ACCLAMATION AFTER DETERMINING THERE ARE NO FURTHER

NOMINATIONS.

Section 7 9. Section 5103 of Title 68 is amended by adding

definitions to read:

§ 5103. Definitions.

The following words and phrases when used in this subpart and

in the declaration and bylaws shall have the meanings given to

them in this section unless specifically provided otherwise or

unless the context clearly indicates otherwise:

* * *

"IMMEDIATE FAMILY." A PARENT, SPOUSE, CHILD, BROTHER OR

SISTER.

"Independent reviewer." A person who is selected by the

declarant or a majority of the unit owners EXECUTIVE BOARD of a

planned community and satisfies all of the following:

(1) Holds a certificate as a certified public accountant

issued by the Commonwealth, is licensed to practice law in

this Commonwealth SPECIALIZING IN PLANNED COMMUNITY OR REAL

ESTATE LAW or is a vote management system.

(2) Is not a unit owner of the planned community,

directly or indirectly.

(3) Has no immediate family relationship with a unit

owner of the planned community or a THE planned community

manager.

(4) Has no financial interest shared with a unit owner

of the planned community or a THE planned community manager.

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(5) If compensated by the declarant, a director, the

association or a THE planned community manager, has disclosed

the terms of the compensation to all unit owners of the

planned community at a scheduled meeting .

* * *

"Vote management system." A third-party vendor who operates

a digital or subscription service that securely manages the

conduct of elections and voting procedures.

* * *

Section 8 10. Section 5222 of Title 68 is amended by adding

a subsection to read:

§ 5222. Master associations.

* * *

(e.1) Independent reviewer.--The instrument creating the

master association and the declaration of each planned community

of the organizational documents of other associations, the

powers of which are assigned pursuant to the declaration or

organizational documents or delegated to the master association,

shall also provide that a vote by a unit owner in an election of

the members of the master association governing body must be

submitted by the unit owner to an independent reviewer who shall

tally the results of the election and certify the results to the

executive board and unit owner. In order to be eligible to vote

in the election, a unit owner shall be in good standing with the

association. If a third-party vendor conducts the election, the

THE executive board may SHALL present the official election

results based on the certified election report from the

independent reviewer at a meeting of the unit owners and shall

enter the results in the meeting records. The executive board

shall ensure that all mailings relating to the election use the

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return address of the third-party vendor that conducts the

election. All votes by unit owners under this subsection shall

be submitted to the independent reviewer in either an electronic

or a paper format. If votes are submitted in an electronic

format, the master association shall provide reasonable

accommodations to a unit owner who does not have access to

electronic means to submit the unit owner's vote. ACCORDANCE

WITH THE APPROVED METHODS OF VOTING AS PROVIDED UNDER THIS

SUBPART. This subsection shall only apply to a planned community

with at least 100 500 units. If a planned community has more

than 100 units and less than 500 units, the master association

may opt out of IN TO the requirements under this subsection by a

majority vote of unit owners. A VOTE OF AT LEAST 51% OF THE

VOTES COLLECTED FROM THE UNIT OWNERS IN PERSON, ELECTRONICALLY

OR BY ABSENTEE BALLOT WHICH ARE IN FAVOR OF THE REQUIREMENTS

UNDER THIS PARAGRAPH.

* * *

Section 9 11. Sections 5306(a)(3) and (6) and 5308 (6), 5308

AND 5309(A) of Title 68 are amended to read:

§ 5306. Bylaws.

(a) Mandatory provisions.--The bylaws of the association

shall provide for all of the following:

* * *

(3) The qualifications, powers and duties, terms of

office and manner of electing executive board members and

officers and removing executive board members and officers

under section 5303(g) 5303(F) (relating to executive board

members and officers) and filling vacancies.

* * *

(6) The method of amending the bylaws. The following

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apply:

(i) The bylaws may be amended only by vote , vote by

proxy or agreement of unit owners of units to which at

least:

(A) fifty-one percent of votes are collected

from unit owners in person, electronically or by

absentee ballot ARE IN FAVOR OF THE AMENDMENT IN THE

ASSOCIATION ARE ALLOCATED ;

(B) a larger percentage MAJORITY of the votes in

the association as specified in the bylaws; or

in the association as specified in the bylaws if all

units are restricted exclusively to nonresidential

use.

(ii) The vote may be taken only at a scheduled

meeting AND FOLLOWING NOTICE TO THE UNIT OWNERS as

provided under section 5308 (relating to meetings) that

was advertised seven 14 days in advance to the unit

owners. Absentee voting shall be permitted to unit owners

provided that the ballots must be submitted to an

independent reviewer within five days after BY THE

COMMENCEMENT OF the scheduled meeting .

* * *

§ 5308. Meetings.

(a) In-person association meetings TIMING AND NOTICE .-- The

bylaws shall require that in-person meetings of the association

be held at least once each year and shall provide for special

meetings. The bylaws shall specify which of the association's

officers, not less than ten nor more than 60 days in advance of

any meeting, shall cause notice to be hand delivered or sent

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prepaid by United States mail to the mailing address of each

unit or to any other mailing address designated in writing by

the unit owner. THE NOTICE OF A MEETING MAY BE DELIVERED BY

ELECTRONIC MEANS IF THE UNIT OWNER HAS AGREED IN WRITING TO

ACCEPT THE NOTICE BY ELECTRONIC MEANS OR WHERE THE BYLAWS PERMIT

ELECTRONIC NOTICES. The notice of any meeting must state the

time and place of the meeting and the items on the agenda,

including the general nature of any proposed amendment to the

declaration or bylaws; any budget or assessment changes; and,

where the declaration or bylaws require approval of unit owners,

any proposal to remove a director or officer.

(a.1) Virtual association meetings.--

(1) The bylaws must require that notice of virtual

meetings of the association be given by:

(i) First class or express mail, postage prepaid, or

courier service, charges prepaid, to the mailing address

of each unit or to any other mailing address designated

in writing by the unit owner. Notice under this

subparagraph shall be deemed to have been given to an

unit owner when deposited in the United States mail or

with a courier service for delivery to the unit owner.

(ii) Facsimile transmission, e-mail or other

electronic communication to the unit owner's facsimile

number or address for e-mail or other electronic

communications supplied by the unit owner for the purpose

of notice. Notice under this subparagraph shall be deemed

to have been given to the unit owner when sent.

(2) (Reserved).

(B) DELIVERY OF NOTICE.--THE BYLAWS MUST REQUIRE THAT NOTICE

OF VIRTUAL MEETINGS OF THE ASSOCIATION BE GIVEN BY:

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(1) FIRST CLASS OR EXPRESS MAIL, POSTAGE PREPAID, OR

COURIER SERVICE, CHARGES PREPAID, TO THE MAILING ADDRESS OF

EACH UNIT OR TO ANY OTHER MAILING ADDRESS DESIGNATED IN

WRITING BY THE UNIT OWNER. NOTICE UNDER THIS PARAGRAPH SHALL

BE DEEMED TO HAVE BEEN GIVEN TO AN UNIT OWNER WHEN DEPOSITED

IN THE UNITED STATES MAIL OR WITH A COURIER SERVICE FOR

DELIVERY TO THE UNIT OWNER.

(2) FACSIMILE TRANSMISSION, E-MAIL OR OTHER ELECTRONIC

COMMUNICATION TO THE UNIT OWNER'S FACSIMILE NUMBER OR ADDRESS

FOR E-MAIL OR OTHER ELECTRONIC COMMUNICATIONS SUPPLIED BY THE

UNIT OWNER, PROVIDED THAT THE UNIT OWNER HAS AGREED IN

WRITING TO ACCEPT THE NOTICE BY ELECTRONIC MEANS OR WHERE THE

BYLAWS EXPRESSLY PERMIT MEANS OF DELIVERING ELECTRONIC

NOTICE . NOTICE UNDER THIS PARAGRAPH SHALL BE DEEMED TO HAVE

BEEN GIVEN TO THE UNIT OWNER WHEN SENT.

(b) (C) Use of remote technology.--Except as otherwise

provided in the bylaws, an individual may participate in a

meeting of the executive board or association by means of a

conference telephone or other remote electronic technology,

including the Internet, which allows each participant in the

meeting to hear each other. Participation in a meeting as

authorized under this subsection shall be deemed in-person

attendance at the meeting.

special session of the association be held not later than seven

days before the election of an executive board member or officer

of the association to allow the unit owners to meet each

candidate for an executive board position or officer position. A

special session under this subsection may be held virtually or

in person. Each candidate for an executive board position or

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officer position with the association shall have equal time to

address the unit owners during a special session under this

subsection.

(d) Recorded meeting.--If a meeting of the association will

be recorded via audio or video, an announcement shall be made at

the commencement of the meeting that the meeting will be

recorded. A recorded meeting under this subsection shall be

available to unit owners for a period of six months after the

date of the meeting.

(D) PRE-ELECTION SESSIONS.--THE BYLAWS MUST REQUIRE THAT, IN

THE EVENT THAT THERE ARE MORE CANDIDATES THAN OPEN POSITIONS ON

THE EXECUTIVE BOARD, THEN, UPON REQUEST OF ONE OR MORE OF THE

CANDIDATES, THE ASSOCIATION SHALL HOLD A SPECIAL SESSION AT

LEAST SEVEN DAYS BEFORE THE ELECTION OF AN EXECUTIVE BOARD

MEMBER TO ALLOW THE UNIT OWNERS TO MEET EACH CANDIDATE FOR AN

EXECUTIVE BOARD POSITION. EACH CANDIDATE FOR AN EXECUTIVE BOARD

POSITION SHALL HAVE EQUAL TIME TO ADDRESS THE UNIT OWNERS DURING

A SPECIAL SESSION UNDER THIS SUBSECTION.

(E) RECORDED MEETING.--UNLESS THE BYLAWS PROVIDE OTHERWISE,

MEETINGS OF THE ASSOCIATION MAY BE RECORDED BY THE EXECUTIVE

BOARD VIA AUDIO OR VIDEO TECHNOLOGY, PROVIDED THAT AN

ANNOUNCEMENT IS MADE BY THE PRESIDING OFFICER AT THE

COMMENCEMENT OF THE MEETING THAT THE MEETING WILL BE RECORDED. A

RECORDED MEETING UNDER THIS SUBSECTION SHALL BE MAINTAINED AND

AVAILABLE TO UNIT OWNERS FOR A PERIOD OF NO LESS THAN SIX MONTHS

AFTER THE DATE OF THE MEETING.

§ 5309. QUORUMS.

(A) ASSOCIATION.--

(1) UNLESS THE BYLAWS PROVIDE OTHERWISE, A QUORUM IS

PRESENT THROUGHOUT ANY MEETING OF THE ASSOCIATION IF PERSONS

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ENTITLED TO CAST 20% OF THE VOTES WHICH MAY BE CAST FOR

ELECTION OF THE EXECUTIVE BOARD ARE PRESENT IN PERSON OR BY

PROXY AT THE BEGINNING OF THE MEETING. THE BYLAWS MAY REQUIRE

A LARGER PERCENTAGE OR A SMALLER PERCENTAGE NOT LESS THAN

10%.

(2) IF THE ASSOCIATION FAILS TO MEET A QUORUM AT TWO

SUBSEQUENT MEETINGS UNDER THIS SUBSECTION, THE ASSOCIATION

MAY UTILIZE THE PROVISIONS UNDER 15 PA.C.S. § 5756(B)

(RELATING TO QUORUM) TO MEET QUORUM REQUIREMENTS, EXCEPT AS

OTHERWISE PROVIDED IN THE DECLARATION OR BYLAWS OF THE

ASSOCIATION.

* * *

SECTION 12. SECTION 5310 OF THE ACT IS AMENDED BY ADDING

SUBSECTIONS TO READ:

§ 5310. VOTING; PROXIES.

* * *

(E) APPROVED METHODS OF VOTING.--METHODS OF VOTING SHALL BE

IN ACCORDANCE WITH THE FOLLOWING:

(1) EXCEPT TO THE EXTENT EXPRESSLY PROHIBITED IN AN

ASSOCIATION'S DECLARATION OR BYLAWS, THE VOTING RIGHTS OF A

UNIT OWNER MAY BE CAST OR GIVEN IN THE FOLLOWING WAYS:

(I) IN PERSON OR BY PROXY AT A MEETING OF THE

ASSOCIATION;

(II) BY ABSENTEE OR ELECTRONIC BALLOT IN ACCORDANCE

WITH THIS SUBPART; OR

(III) BY ANOTHER METHOD OF VOTING EXPRESSLY PROVIDED

IN THE ASSOCIATION'S DECLARATION OR BYLAWS.

(2) AN ABSENTEE OR ELECTRONIC BALLOT MAY:

(I) BE COUNTED AS A UNIT OWNER PRESENT AND VOTING

FOR THE PURPOSE OF ESTABLISHING A QUORUM, AND OTHERWISE,

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ONLY FOR AGENDA ITEMS APPEARING ON THE BALLOT.

(II) NOT BE COUNTED EVEN IF PROPERLY DELIVERED, IF

THE UNIT OWNER ATTENDS THE MEETING TO VOTE IN PERSON. A

VOTE CAST AT A MEETING BY A UNIT OWNER SUPERSEDES A VOTE

SUBMITTED BY ABSENTEE OR ELECTRONIC BALLOT PREVIOUSLY

SUBMITTED FOR THAT AGENDA ITEM.

(3) FOR THE PURPOSES OF THIS SUBSECTION, THE TERM

"ELECTRONIC BALLOT" MEANS A BALLOT CAST OR GIVEN BY

ELECTRONIC TRANSMISSION OVER THE INTERNET, VOTE MANAGEMENT

SYSTEM OR THE ASSOCIATION'S COMMUNITY NETWORK, WHETHER BY

DIRECT CONNECTION, INTRANET, TELECOPIER, ELECTRONIC MAIL OR

OTHER TECHNOLOGICAL MEANS, IF THE IDENTITY OF THE UNIT OWNER

SUBMITTING THE BALLOT CAN BE CONFIRMED AND A RECEIPT OF THE

ELECTRONIC TRANSMISSION AND BALLOT CAN BE MADE AVAILABLE TO

THE UNIT OWNER.

(F) ACCLAMATION.--UNLESS THE BYLAWS OF THE ASSOCIATION

PROVIDE OTHERWISE, IN THE EVENT THAT AN ELECTION FOR A POSITION

ON THE EXECUTIVE BOARD IS UNCONTESTED, THE OFFICER OR CHAIR

PRESIDING AT THE ELECTION MEETING MAY DECLARE THE NOMINEE

ELECTED BY ACCLAMATION AFTER DETERMINING THERE ARE NO FURTHER

NOMINATIONS.

Section 10 13. This act shall take effect in 60 180 days.

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