1Amending Title 68 (Real and Personal Property) of the
2Pennsylvania Consolidated Statutes, in creation, alteration
3and termination of planned communities, further providing for
<-4amendment of declaration; and, in management of planned 
5community, further providing for bylaws, for meetings, for 
6quorums and for lien for assessments. <-voting and proxies.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

<-9Section 1. Section 5219(a)(1) of Title 68 of the
10Pennsylvania Consolidated Statutes is amended to read:

11§ 5219. Amendment of declaration.

12(a) Number of votes required.--

13(1) The declaration, including the plats and plans, may
14be amended only by vote or agreement of unit owners of units
15to which at least:

16(i) 67% of votes in the association are allocated;
17or

18(ii) a larger percentage of the votes in the
19association as specified in the declaration[; or

1(iii) a smaller percentage of the votes in the
2association as specified in the declaration if all units
3are restricted exclusively to nonresidential use].

4* * *

5Section 2. Section 5306(b) of Title 68 is amended and the
6section is amended by adding a subsection to read:

7§ 5306. Bylaws.

8* * *

9(b) [Other provisions.--Subject to the provisions of the
10declaration, the bylaws may provide for any other matters the
11association deems necessary and appropriate.] (Reserved).

12(c) Transparency.--A bylaw that imposes a fee, penalty or
13fine in an attempt to circumvent a meeting required under
14section 5308 (relating to meetings) may not be established under
15this subpart. A fee, penalty, fine or increase must be adopted
16at a meeting scheduled under section 5308 if the fee, penalty,
17fine or increase is:

18(1) Established after this subsection takes effect.

19(2) In the amount or number of regularly scheduled dues
20payments.

21Section 3. Sections 5308 and 5309(a) of Title 68 are amended
22to read:

23§ 5308. Meetings.

24(a) Bylaws.--The bylaws shall require that meetings of the
25association be held at least once each year and shall provide
26for special meetings.

27(b) First notice.--The bylaws shall specify which of the
28association's officers, not less than [ten] 30 nor more than 60
29days in advance of any meeting, shall cause a first notice to be
30hand delivered or sent prepaid by United States mail to the

1mailing address of each unit or to any other mailing address
2designated in writing by the unit owner. [The]

3(c) Second notice.--A second notice shall be hand delivered
4or sent prepaid by United States mail to the same address as the
5first notice. The second notice shall be hand delivered or sent
6not less than seven days nor more than ten days in advance of
7the meeting.

8(d) Notice contents.--A notice of any meeting must state the
9time and place of the meeting and the items on the agenda,
10including the general nature of any proposed amendment to the
11declaration or bylaws; any budget or assessment changes; and,
12where the declaration or bylaws require approval of unit owners,
13any proposal to remove a director or officer.

14§ 5309. Quorums.

15(a) Association.--Unless the bylaws provide otherwise, a
16quorum is present throughout any meeting of the association if
17persons entitled to cast [20%] 50% of the votes which may be
18cast for election of the executive board are present in person
19or by proxy at the beginning of the meeting. The bylaws may
20require a larger percentage or a smaller percentage not less
21than [10%] 40%.

22* * *

23Section 4. Section 5315 of Title 68 is amended by adding a
24subsection to read:

25§ 5315. Lien for assessments.

26* * *

27(j) Harassment of unit owners.--A representative of an
28association or executive board may not:

29(1) harass or intimidate a unit owner with a
30misrepresentation of the provisions of this subpart regarding

1costs and attorney fees in a settlement; or

2(2) threaten a unit owner by implying that unit owners
3are required to pay the attorney fees under any circumstances
4if the unit owner chooses to bring a dispute to trial.

5Section 5. This act shall take effect in 120 days.

6Section 1. Section 5310 of Title 68 of the Pennsylvania<-
7Consolidated Statutes is amended by adding a subsection to read:

8§ 5310. Voting; proxies.

9* * *

10(e) Approved methods of voting.--Voters declared valid under
11this section shall be permitted to vote via paper ballot,
12absentee ballot, electronic ballot, Internet-based ballot and
13other methods made available by the board in order to increase
14participation.

15Section 2. This act shall take effect in 60 days.