PRINTER'S NO. 900
No. 800 Session of 1997
INTRODUCED BY REBER, MANDERINO, HENNESSEY, ROBINSON, SCHULER,
READSHAW, TRELLO, DALEY, SEMMEL, E. Z. TAYLOR, YOUNGBLOOD,
KREBS, SAYLOR, ROSS, BARRAR, OLASZ, VAN HORNE, DeLUCA,
MICHLOVIC, LAUGHLIN, BUNT, ROBERTS AND BOSCOLA,
MARCH 12, 1997
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, MARCH 12, 1997
AN ACT
1 Amending Title 68 (Real and Personal Property) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 remedies and for association records.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Sections 3113 and 3316 of Title 68 of the
7 Pennsylvania Consolidate Statutes are amended to read:
8 § 3113. Remedies to be liberally administered.
9 (a) General rule.--The remedies provided by this subpart
10 shall be liberally administered to the end that the aggrieved
11 party is put in as good a position as if the other party had
12 fully performed. [However, consequential, special or punitive
13 damages may not be awarded except as specifically provided in
14 this subpart or by other rule of law.]
15 (b) Judicial enforcement of rights and obligations.--Any
16 right or obligation declared by this subpart is enforceable by
17 judicial proceeding.
1 (c) Damages.--The court, upon finding a violation of this
2 subpart, may award consequential, special and punitive damages
3 to the prevailing party. The court may also award attorney fees
4 and costs to the prevailing party.
5 § 3316. Association records.
6 (a) General rule.--During the period of declarant control,
7 the association shall keep detailed financial records,
8 including, without limitation, a record of expenses paid by the
9 declarant until the commencement of common expense assessments
10 by the association under section 3314(a) (relating to
11 assessments for common expenses), the commencement date of
12 common expense assessments by the association and, for the
13 period commencing on such date, a record for each unit in the
14 condominium (including those owned by the declarants) of its
15 common expense assessments and the payments thereof. The
16 association shall keep financial records sufficiently detailed
17 to enable the association to comply with section 3407 (relating
18 to resales of units). All financial and other records shall be
19 made reasonably available for examination by any unit owner and
20 his authorized agents.
21 (b) Copy of audit.--Within 60 days of the close of its
22 fiscal year, each association shall forward a copy of an audit
23 of its financial records conducted by a certified public
24 accountant to the Department of Community and Economic
25 Development. During the period of declarant control, the cost of
26 the audit shall be borne by the declarant. Each unit owner shall
27 be entitled to a copy of the audit from the association within
28 30 days of a reasonable request for the same. If the association
29 fails to provide a copy of the audit to a unit owner within 30
30 days of the unit owner's reasonable request, then the unit owner
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1 may file a complaint with the Bureau of Consumer Protection in
2 the Office of Attorney General and receive a copy of the audit
3 from the department.
4 (c) Penalty.--If an association fails to provide a copy of
5 the audit of the association's financial records within 30 days
6 of a unit owner's reasonable request, such failure is a
7 violation of the act of December 17, 1968 (P.L.1224, No.387),
8 known as the Unfair Trade Practices and Consumer Protection Law,
9 and the Office of Attorney General shall be authorized to assess
10 a civil penalty of $500 against the association.
11 Section 2. Section 4317 of Title 68 is amended by adding a
12 subsection to read:
13 § 4317. Association records.
14 * * *
15 (c) Audit.--
16 (1) Within 60 days of the close of its fiscal year, each
17 association shall forward a copy of an audit of its financial
18 records conducted by a certified public accountant to the
19 Department of Community and Economic Development. The cost of
20 the audit shall be borne by the association. Each proprietary
21 lessee shall be entitled to a copy of the audit from the
22 association within 30 days of a reasonable request for the
23 same. If the association fails to provide a copy of the audit
24 to the proprietary lessee within 30 days of the proprietary
25 lessee's reasonable request, the proprietary lessee may file
26 a complaint with the Bureau of Consumer Protection in the
27 Office of Attorney General and receive a copy of the audit
28 from the Department of Community and Economic Development.
29 (2) If an association fails to provide a copy of the
30 audit of its financial records within 30 days of a
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1 proprietary lessee's reasonable request, such failure is a
2 violation of the act of December 17, 1968 (P.L.1224, No.387),
3 known as the Unfair Trade Practices and Consumer Protection
4 Law, and the Office of Attorney General shall be authorized
5 to assess a civil penalty of $500 against the association.
6 Section 3. This act shall take effect in 60 days.
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