H1795B3513A05788 PWK:JMT 10/24/22 #90 A05788
AMENDMENTS TO HOUSE BILL NO. 1795
Sponsor: SENATOR PITTMAN
Printer's No. 3513
Amend Bill, page 1, line 6, by inserting after "meetings"
, for quorums
Amend Bill, page 1, line 10, by inserting after "meetings"
, for quorums
Amend Bill, page 1, line 16, by inserting after "meetings"
, for quorums
Amend Bill, page 2, line 6, by striking out "declarant or"
Amend Bill, page 2, lines 10 and 11, by striking out "AND
SPECIALIZES IN CONDOMINIUMS OR REAL ESTATE LAW "
Amend Bill, page 2, line 14, by striking out "a" where it
occurs the second time and inserting
the
Amend Bill, page 2, line 16, by striking out "a" where it
occurs the second time and inserting
the
Amend Bill, page 2, line 18, by striking out "a" and
inserting
the
Amend Bill, page 3, lines 10 through 30; page 4, lines 1
through 5; by striking out all of said lines on said pages
Amend Bill, page 4, lines 29 and 30, by striking out "If a
third-party vendor conducts the election, the " and inserting
The
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Amend Bill, page 5, lines 3 through 6, by striking out "The
executive" in line 3, all of lines 4 and 5 and "conducts the
election." in line 6
Amend Bill, page 5, lines 8 through 12, by striking out all
of lines 8 through 11 and "owner's vote." in line 12 and
inserting
accordance with the approved methods of voting as
provided in this subpart.
Amend Bill, page 5, lines 16 and 17, by striking out all of
said lines and inserting
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.
Amend Bill, page 5, line 27, by inserting after "considered"
, as provided under section 4303(g) (relating to executive
board members and officers)
Amend Bill, page 5, line 28, by striking out "and 3308" and
inserting
, 3308 and 3309(a)
Amend Bill, page 6, lines 12 and 13, by striking out ", vote
by proxy "
Amend Bill, page 6, lines 15 through 17, by striking out
"collected" in line 15, all of line 16 and "absentee ballot
WHICH ARE IN FAVOR OF THE AMENDMENT" in line 17 and inserting
in the association are allocated
Amend Bill, page 6, line 24, by inserting after "meeting"
and following notice to the unit owners
Amend Bill, page 6, line 28, by striking out "within five
days after" and inserting
by the commencement of
Amend Bill, page 7, line 2, by striking out "In-person
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association meetings" and inserting
Timing and notice
Amend Bill, page 7, line 3, by striking out "in-person"
Amend Bill, page 7, line 13, by striking out the bracket
before "any"
Amend Bill, page 7, line 13, by striking out "] an in-person"
Amend Bill, page 7, lines 19 through 30; page 8, lines 1
through 5; by striking out all of said lines on said pages and
inserting
(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
been given to the unit owner when sent.
Amend Bill, page 8, line 6, by striking out "(b)" and
inserting
(c)
Amend Bill, page 8, lines 13 through 28, by striking out all
of said lines and inserting
(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
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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.
* * *
Amend Bill, page 10, line 21, by striking out "declarant or"
Amend Bill, page 10, lines 25 and 26, by striking out
"SPECIALIZING IN COOPERATIVE OR REAL ESTATE LAW "
Amend Bill, page 10, line 30, by striking out "a" and
inserting
the
Amend Bill, page 11, line 3, by striking out "a" and
inserting
the
Amend Bill, page 11, line 5, by striking out "a" and
inserting
the
Amend Bill, page 11, lines 26 and 27, by striking out "If a
third-party vendor conducts the election, the" and inserting
The
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Amend Bill, page 12, lines 1 through 3, by striking out "The
executive board shall ensure that" in line 1, all of line 2 and
"the third-party vendor that conducts the election." in line 3
Amend Bill, page 12, lines 5 through 9, by striking out
"either an electronic or a paper" in line 5, all of lines 6
through 8 and "to submit the proprietary lessee's vote." in line
9 and inserting
accordance with the approved methods of voting as provided
under this subpart.
Amend Bill, page 12, line 18, by striking out "(6) and 4308"
and inserting
(6), 4308 and 4309(a)
Amend Bill, page 13, lines 10 and 11, by striking out ", VOTE
BY PROXY "
Amend Bill, page 13, lines 13 through 15, by striking out
"COLLECTED" in line 13 and all of lines 14 and 15 and inserting
in the association are allocated.
Amend Bill, page 13, line 22, by inserting after "meeting"
and following notice to the unit owners
Amend Bill, page 13, line 27, by striking out "within five
days after" and inserting
by the commencement of
Amend Bill, page 13, line 30, by striking out "In-person
association meetings.-- An in-person " and inserting
Timing and notice.--A
Amend Bill, page 14, lines 20 through 30; page 15, lines 1
through 8; by striking out all of said lines on said pages and
inserting
(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
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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.
Amend Bill, page 15, line 9, by striking out "(b)" and
inserting
(c)
Amend Bill, page 15, lines 16 through 30; page 16, line 1; by
striking out all of said lines on said pages and inserting
(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
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
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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.
* * *
Amend Bill, page 17, line 22, by striking out "declarant or"
Amend Bill, page 17, lines 26 and 27, by striking out
"SPECIALIZING IN PLANNED COMMUNITY OR REAL ESTATE LAW "
Amend Bill, page 18, line 1, by striking out "a" and
inserting
the
Amend Bill, page 18, line 4, by striking out "a" and
inserting
the
Amend Bill, page 18, line 6, by striking out "a" and
inserting
the
Amend Bill, page 18, line 29, by striking out "If a third-
party vendor conducts the election, the" and inserting
The
Amend Bill, page 19, lines 3 through 5, by striking out "The
executive board shall ensure" in line 3 and all of lines 4 and 5
Amend Bill, page 19, lines 7 through 11, by striking out
"either an electronic or" in line 7, all of lines 8 through 10
and "submit the unit owner's vote." in line 11 and inserting
accordance with the approved methods of voting as provided
under this subpart.
Amend Bill, page 19, line 20, by striking out "(6) and 5308"
and inserting
(6), 5308 and 5309(a)
Amend Bill, page 20, lines 4 and 5, by striking out ", vote
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by proxy "
Amend Bill, page 20, lines 7 through 9, by striking out
"collected" in line 7, all of line 8 and "absentee ballot ARE IN
FAVOR OF THE AMENDMENT" in line 9 and inserting
in the association are allocated
Amend Bill, page 20, line 17, by inserting after "meeting"
and following notice to the unit owners
Amend Bill, page 20, line 21, by striking out "within five
days after" and inserting
by the commencement of
Amend Bill, page 20, line 25, by striking out "In-person
association meetings" and inserting
Timing and notice
Amend Bill, page 20, line 26, by striking out "in-person"
Amend Bill, page 21, lines 12 through 28, by striking out all
of said lines and inserting
(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 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.
Amend Bill, page 21, line 29, by striking out "(b)" and
inserting
(c)
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Amend Bill, page 22, lines 6 through 21, by striking out all
of said lines and inserting
(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
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.
* * *
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