H1795B2190A04700 NES:EJH 06/13/22 #90 A04700
AMENDMENTS TO HOUSE BILL NO. 1795
Sponsor: REPRESENTATIVE R. BROWN
Printer's No. 2190
Amend Bill, page 1, lines 6 and 7, by striking out " in
protection of purchasers, further providing for effect of
violations on rights of action;"
Amend Bill, page 1, lines 12 through 14, by striking out " in
protection of cooperative interest" in line 12, all of line 13
and "rights of action;" in line 14
Amend Bill, page 1, line 17, by inserting after
"associations;"
and,
Amend Bill, page 1, lines 18 through 20, by striking out the
semicolon in line 18, all of line 19 and "effect of violations
on rights of action" in line 20
Amend Bill, page 2, line 13, by inserting after "no"
immediate
Amend Bill, page 2, line 19, by inserting after "owners"
at a scheduled meeting
Amend Bill, page 3, line 12, by inserting after "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 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.
2022/90NES/HB1795A04700 - 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
Amend Bill, page 3, lines 14 through 17, by striking out
"The" in line 14, all of lines 15 and 16 and "prohibited. " in
line 17
Amend Bill, page 3, line 18, by inserting after "election."
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.
Amend Bill, page 3, lines 22 through 24, by striking out
"AMENDING THE" in line 22, all of line 23 and "(RELATING TO
BYLAWS)" in line 24 and inserting
a majority vote of unit owners
Amend Bill, page 4, line 16, by inserting after "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 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.
Amend Bill, page 4, lines 18 through 20, by striking out "The
interchangeable" in line 18, all of line 19 and "paper format in
the same election shall be prohibited. " in line 20
Amend Bill, page 4, line 22, by inserting after "election."
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.
Amend Bill, page 4, lines 26 and 27, by striking out "IN
ACCORDANCE WITH SECTION 3306 " and inserting
by a majority vote of unit owners
Amend Bill, page 4, lines 29 and 30; page 5, lines 1 through
6; by striking out all of said lines on said pages and inserting
2022/90NES/HB1795A04700 - 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
(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
of the executive board is given with the notice of the meeting
at which such removal is considered.
Section 3. Sections 3306(a)(3) and (6) and 3308 of Title 68
are amended to read:
Amend Bill, page 5, by inserting between lines 10 and 11
(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 e xecutive board members
and officers) and filling vacancies.
* * *
Amend Bill, page 5, line 13, by inserting after "vote"
, vote by proxy
Amend Bill, page 5, lines 15 through 19, by striking out ""
in line 15, all of lines 16 through 18 and "liabilities)" in
line 19 and inserting
are collected from unit owners in person,
electronically or by absentee ballot
Amend Bill, page 5, line 30; page 6, lines 1 through 3; by
striking out " during a time period" in line 30 on page 5, all
of lines 1 and 2 and "No.320), known as the Pennsylvania
Election Code" in line 3 on page 6 and inserting
within five days after the scheduled meeting
Amend Bill, page 6, line 6, by striking out "Association" and
inserting
In-person association
Amend Bill, page 6, line 6, by inserting after "that"
in-person
Amend Bill, page 6, line 13, by inserting a bracket before
"any"
2022/90NES/HB1795A04700 - 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
Amend Bill, page 6, line 13, by inserting after "any"
] an in-person
Amend Bill, page 6, by inserting between lines 19 and 20
(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 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.
(b) 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.
Amend Bill, page 6, line 20, by striking out "(b)" and
inserting
(c)
Amend Bill, page 6, by inserting between lines 29 and 30
(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.
Amend Bill, page 6, line 30; page 7, lines 1 through 16; by
striking out all of said lines on said pages
Amend Bill, page 8, line 5, by inserting after "no"
immediate
Amend Bill, page 8, line 12, by inserting after "cooperative"
2022/90NES/HB1795A04700 - 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
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
at a scheduled meeting
Amend Bill, page 8, line 18, by striking out "subsections"
and inserting
a subsection
Amend Bill, page 8, line 29, by inserting after "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
executive board may 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 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.
Amend Bill, page 9, lines 2 through 4, by striking out "The
interchangeable submission of votes by" in line 2, all of line 3
and "same election shall be prohibited. " in line 4
Amend Bill, page 9, line 6, by inserting after "election."
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.
Amend Bill, page 9, line 8, by inserting after "THE" where it
occurs the first time
master
Amend Bill, page 9, lines 9 and 10, by striking out "AMENDING
THE ASSOCIATION'S BYLAWS IN ACCORDANCE WITH SECTION 4306
(RELATING TO BYLAWS)" and inserting
a majority vote of proprietary lessees
Amend Bill, page 9, lines 12 through 17, by striking out all
of said lines
Amend Bill, page 9, line 18, by striking out "4306(a)(6),
4308 and 4415" and inserting
4306(a)(3) and (6) and 4308
Amend Bill, page 9, by inserting between lines 23 and 24
2022/90NES/HB1795A04700 - 5 -
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) 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 e xecutive board members
and officers) and filling vacancies.
* * *
Amend Bill, page 9, line 26, by inserting after "vote"
, vote by proxy
Amend Bill, page 9, lines 28 through 30; page 10, line 1; by
striking out " in the association" in line 28, all of lines 29
and 30 on page 9 and "expense liabilities)" in line 1 on page 10
and inserting
are collected from unit owners in person,
electronically or by absentee ballot
Amend Bill, page 10, lines 10 through 14, by striking out ""
in line 10, all of lines 11 through 13 and "Code" in line 14 and
inserting
within five days after the scheduled meeting
Amend Bill, page 10, line 17, by striking out "Association"
and inserting
In-person association
Amend Bill, page 10, line 17, by inserting a bracket before
"A"
Amend Bill, page 10, line 17, by inserting after "meetings.--
A"
] An in-person
Amend Bill, page 11, by inserting between lines 2 and 3
(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
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
2022/90NES/HB1795A04700 - 6 -
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
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.
(b) 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.
Amend Bill, page 11, line 3, by striking out "(b)" and
inserting
(c)
Amend Bill, page 11, lines 4 and 5, by striking out " not
later than seven days before the election" and inserting
at least seven days prior to the election
Amend Bill, page 11, by inserting between lines 12 and 13
(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.
Amend Bill, page 11, lines 13 through 28, by striking out all
of said lines
Amend Bill, page 12, line 15, by inserting after "no"
immediate
Amend Bill, page 12, line 22, by inserting after "community"
at a scheduled meeting
Amend Bill, page 12, lines 28 and 29, by striking out "
subsections" and inserting
a subsection
Amend Bill, page 13, line 11, by inserting after "owner."
2022/90NES/HB1795A04700 - 7 -
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
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 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.
Amend Bill, page 13, lines 13 through 15, by striking out
"The interchangeable" in line 13, all of line 14 and "format in
the same election shall be prohibited. " in line 15
Amend Bill, page 13, line 17, by inserting after "election."
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.
Amend Bill, page 13, line 19, by inserting after "THE"
master
Amend Bill, page 13, lines 20 through 22, by striking out
"AMENDING" in line 20, all of line 21 and "(RELATING TO BYLAWS)"
in line 22 and inserting
a majority vote of unit owners
Amend Bill, page 13, lines 24 through 29, by striking out all
of said lines
Amend Bill, page 13, line 30, by striking out "5306(a)(6),
5308 and 5412" and inserting
5306(a)(3) and (6) and 5308
Amend Bill, page 14, by inserting between lines 5 and 6
(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) (relating to e xecutive board members
and officers) and filling vacancies.
* * *
Amend Bill, page 14, line 8, by inserting after "vote"
, vote by proxy
2022/90NES/HB1795A04700 - 8 -
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
Amend Bill, page 14, lines 10 through 13, by striking out "
in" in line 10, all of lines 11 and 12 and "common expense
liabilities)" in line 13 and inserting
are collected from unit owners in person,
electronically or by absentee ballot
Amend Bill, page 14, lines 24 through 27, by striking out "
during a time period" in line 24, all of lines 25 and 26 and
"No.320), known as the Pennsylvania Election Code" in line 27
and inserting
within five days after the scheduled meeting
Amend Bill, page 14, line 30, by striking out "Association"
and inserting
In-person association
Amend Bill, page 14, line 30, by inserting after "that"
in-person
Amend Bill, page 15, by inserting between lines 13 and 14
(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.
(b) 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.
Amend Bill, page 15, line 14, by striking out "(b)" and
2022/90NES/HB1795A04700 - 9 -
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
inserting
(c)
Amend Bill, page 15, lines 24 through 30; page 16, lines 1
through 10; by striking out all of said lines on said pages and
inserting
(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.
2022/90NES/HB1795A04700 - 10 -
1
2
3
4
5
6
7
8
9
10
11