PRINTER'S NO. 1451
No. 1110 Session of 2007
INTRODUCED BY C. WILLIAMS, RAFFERTY, TARTAGLIONE, M. WHITE,
STOUT, O'PAKE, EARLL, HUGHES AND FONTANA, OCTOBER 15, 2007
REFERRED TO URBAN AFFAIRS AND HOUSING, OCTOBER 15, 2007
AN ACT
1 Amending Title 68 (Real and Personal Property) of the
2 Pennsylvania Consolidated Statutes, providing for the
3 definition of "property manager"; and further providing for
4 assessments for common expenses.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 3103 of Title 68 of the Pennsylvania
8 Consolidated Statutes is amended by adding a definition to read:
9 § 3103. Definitions.
10 The following words and phrases when used in this subpart and
11 in the declaration and bylaws shall have the meanings given to
12 them in this section unless specifically provided otherwise or
13 unless the context clearly indicates otherwise:
14 * * *
15 "Property manager." An individual that meets all of the
16 following:
17 (1) Is one of the following:
18 (i) Licensed as a real estate broker under the act
19 of February 19, 1980 (P.L.15, No.9), known as the Real
1 Estate Licensing and Registration Act.
2 (ii) Licensed under the Real Estate Licensing and
3 Registration Act and is overseen by an employing licensed
4 real estate broker.
5 (2) Is contracted by a unit owners' association for the
6 leasing, managing, marketing and overall maintenance of real
7 property in the condominium.
8 * * *
9 Section 2. Section 3314 of Title 68 is amended by adding a
10 subsection to read:
11 § 3314. Assessments for common expenses.
12 * * *
13 (a.1) Separate accounts.--The following provisions shall
14 apply if an association employs a property manager:
15 (1) The property manager shall establish and maintain a
16 separate account that is in the sole name of the association.
17 Additional accounts may be established in the sole name of
18 the association to the extent appropriate for the separate
19 payment of general common expenses and limited common
20 expenses.
21 (2) The property manager shall not commingle the
22 proceeds of an account of the association with any of the
23 following:
24 (i) The proceeds of any account not in the sole name
25 of the association that is managed by the property
26 manager.
27 (ii) The proceeds of any account if the property
28 manager owns an interest in the account.
29 * * *
30 Section 3. Section 4103 of Title 68 is amended by adding a
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1 definition to read:
2 § 4103. Definitions.
3 Subject to additional definitions contained in subsequent
4 provisions of this subpart which are applicable to specific
5 provisions of this subpart, the following words and phrases when
6 used in this subpart and in the declaration and bylaws shall
7 have the meanings given to them in this section unless the
8 context clearly indicates otherwise:
9 * * *
10 "Property manager." An individual that meets all of the
11 following:
12 (1) Is one of the following:
13 (i) Licensed as a real estate broker under the act
14 of February 19, 1980 (P.L.15, No.9), known as the Real
15 Estate Licensing and Registration Act.
16 (ii) Licensed under the Real Estate Licensing and
17 Registration Act and is overseen by an employing licensed
18 real estate broker.
19 (2) Is contracted by a proprietary lessees' association
20 for the leasing, managing, marketing and overall maintenance
21 of real property in the cooperative.
22 * * *
23 Section 4. Section 4314 of Title 68 is amended by adding a
24 subsection to read:
25 § 4314. Assessments for common expenses.
26 * * *
27 (a.1) Separate accounts.--The following provisions shall
28 apply if an association employs a property manager:
29 (1) The property manager shall establish and maintain a
30 separate account that is in the sole name of the association.
20070S1110B1451 - 3 -
1 Additional accounts may be established in the sole name of
2 the association to the extent appropriate for the separate
3 payment of general common expenses and limited common
4 expenses.
5 (2) The property manager shall not commingle the
6 proceeds of an account of the association with any of the
7 following:
8 (i) The proceeds of any account not in the sole name
9 of the association that is managed by the property
10 manager.
11 (ii) The proceeds of any account if the property
12 manager owns an interest in the account.
13 * * *
14 Section 5. Section 5103 of Title 68 is amended by adding a
15 definition to read:
16 § 5103. Definitions.
17 The following words and phrases when used in this subpart and
18 in the declaration and bylaws shall have the meanings given to
19 them in this section unless specifically provided otherwise or
20 unless the context clearly indicates otherwise:
21 * * *
22 "Property manager." An individual that meets all of the
23 following:
24 (1) Is one of the following:
25 (i) Licensed as a real estate broker under the act
26 of February 19, 1980 (P.L.15, No.9), known as the Real
27 Estate Licensing and Registration Act.
28 (ii) Licensed under the Real Estate Licensing and
29 Registration Act and is overseen by an employing licensed
30 real estate broker.
20070S1110B1451 - 4 -
1 (2) Is contracted by a unit owners' association for the
2 leasing, managing, marketing and overall maintenance of real
3 property in the planned community.
4 * * *
5 Section 6. Section 5314 of Title 68 is amended by adding a
6 subsection to read:
7 § 5314. Assessments for common expenses.
8 * * *
9 (a.1) Separate accounts.--The following provisions shall
10 apply if an association employs a property manager:
11 (1) The property manager shall establish and maintain a
12 separate account that is in the sole name of the association.
13 Additional accounts may be established in the sole name of
14 the association to the extent appropriate for the separate
15 payment of general common expenses and limited common
16 expenses.
17 (2) The property manager shall not commingle the
18 proceeds of an account of the association with any of the
19 following:
20 (i) The proceeds of any account not in the sole name
21 of the association that is managed by the property
22 manager.
23 (ii) The proceeds of any account if the property
24 manager owns an interest in the account.
25 * * *
26 Section 7. This act shall take effect in 60 days.
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