PRINTER'S NO. 2044
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1578
Session of
2019
INTRODUCED BY HELM, JAMES, KEEFER, MILLARD, MOUL AND SCHMITT,
JUNE 7, 2019
REFERRED TO COMMITTEE ON URBAN AFFAIRS, JUNE 7, 2019
AN ACT
Amending Title 68 (Real and Personal Property) of the
Pennsylvania Consolidated Statutes, in creation, alteration
and termination of condominiums, further providing for
contents of declaration and all condominiums and for
amendment of declaration; in management of the condominium,
further providing for bylaws; in protection of purchasers,
further providing for public offering statement and general
provisions; in creation, alteration and termination of
cooperatives, further providing for contents of declaration
and for amendment of declaration; in management of
cooperatives, further providing for bylaws; in protection of
cooperative interest purchasers, further providing for public
offering statement and general provisions; in creation,
alteration and termination of planned communities, further
providing for contents of declaration and all planned
communities and for amendment of declaration; in management
of planned community, further providing for bylaws; and, in
protection of purchasers, further providing for public
offering statement and general provisions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3205 of Title 68 of the Pennsylvania
Consolidated Statutes is amended by adding a paragraph to read:
§ 3205. Contents of declaration; all condominiums.
The declaration for a condominium must contain:
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(13.2) Any fees or charges to be paid by unit owners,
currently or in the future, for the use of the common
elements, limited common elements and any other facility
related to the condominium.
* * *
Section 2. Section 3219(f) of Title 68 is amended to read:
§ 3219. Amendment of declaration.
* * *
(f) Corrective amendments.--Except as otherwise provided in
the declaration, if any amendment to the declaration is
necessary in the judgment of the executive board to cure any
ambiguity or to correct or supplement any provision of the
declaration, including the plats and plans, that is defective,
missing or inconsistent with any other provision thereof or with
this subpart or if an amendment is necessary in the judgment of
the executive board to conform to the requirements of any agency
or entity that has established national or regional standards
with respect to loans secured by mortgages or deeds of trust on
units in condominium projects (such as the Federal National
Mortgage Association and the Federal Home Loan Mortgage
Corporation), to comply with any statute, regulation, code or
ordinance which may now or hereafter be made applicable to the
condominium or association, or to make a reasonable
accommodation or permit a reasonable modification in favor of
handicapped, as may be defined by prevailing Federal or State
laws or regulations applicable to the association, unit owners,
residents, tenants or employees, then, at any time and from time
to time, the executive board may at its discretion effect an
appropriate corrective amendment without the approval of the
unit owners or the holders of any liens on all or any part of
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the condominium, upon receipt by the executive board of an
opinion from [independent] legal counsel who is independent from
the declarant to the effect that the proposed amendment is
permitted by the terms of this subsection.
Section 3. Section 3306 of Title 68 is amended by adding a
subsection to read:
§ 3306. Bylaws.
* * *
(c) Corrective amendments.-- Except as otherwise provided in
the bylaws or code of regulations, if any amendment to the
bylaws or code of regulations is necessary in the judgment of
the executive board to cure any ambiguity or to correct or
supplement any provision of the bylaws or code of regulations
that is defective, missing or inconsistent with any other
provision thereof, with the declaration or with this subpart or
if an amendment is necessary in the judgment of the executive
board to conform to the requirements of any agency or entity
that has established national or regional standards with respect
to loans secured by mortgages or deeds of trust on units in
condominium projects (such as the Federal National Mortgage
Association and the Federal Home Loan Mortgage Corporation), to
comply with any statute, regulation, code or ordinance which may
now or hereafter be made applicable to the condominium or
association, or to make a reasonable accommodation or permit a
reasonable modification in favor of handicapped, as may be
defined by prevailing Federal or State laws or regulations
applicable to the association, unit owners, residents, tenants
or employees, then at any time and from time to time, the
executive board may at its discretion effect an appropriate
corrective amendment without the approval of the unit owners or
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holders of any liens on all or any part of the condominium, upon
receipt by the executive board of an opinion from legal counsel
who is independent from the declarant to the effect that the
proposed amendment is permitted by the terms of this subsection.
Section 4. Section 3402(a)(17) of Title 68 is amended to
read:
§ 3402. Public offering statement; general provisions.
(a) General rule.--Except as provided in subsection (b), a
public offering statement must contain or fully and accurately
disclose:
* * *
(17) Any [current or expected] fees or charges to be
paid by unit owners, currently or in the future, for the use
of the common elements, limited common elements and other
facilities related to the condominium.
* * *
Section 5. Section 4205(a) of Title 68 is amended by adding
a paragraph to read:
§ 4205. Contents of declaration.
(a) General rule.--The declaration for a cooperative must
contain:
* * *
(16) Any fees or charges to be paid by proprietary
lessees, currently or in the future, for the use of the
common elements, limited common elements and any other
facilities related to the cooperative.
* * *
Section 6. Section 4216(f) of Title 68 is amended to read:
§ 4216. Amendment of declaration.
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(f) Corrective amendments.--Except as otherwise provided in
the declaration, if any amendment to the declaration is
necessary in the judgment of the executive board to cure any
ambiguity or to correct or supplement any provision of the
declaration that is defective, missing or inconsistent with any
other provision thereof or with this subpart or if an amendment
is necessary in the judgment of the executive board to conform
to the requirements of any agency or entity that has established
national or regional standards with respect to loans secured by
mortgages or deeds of trust on units in cooperative projects
(such as the Federal National Mortgage Association and the
Federal Home Loan Mortgage Corporation), to comply with any
statute, regulation, code or ordinance which may now or
hereafter be made applicable to the cooperative or association,
or to make a reasonable accommodation or permit a reasonable
modification in favor of handicapped, as may be defined by
prevailing Federal or State laws or regulations applicable to
the association, [unit owners,] proprietary lessees, residents
or employees, then, at any time and from time to time, the
executive board may at its discretion effect an appropriate
corrective amendment without the approval of the proprietary
lessees or the holders of any liens on all or any part of the
cooperative, upon receipt by the executive board of an opinion
from [independent] legal counsel who is independent from the
declarant to the effect that the proposed amendment is permitted
by the terms of this subsection.
Section 7. Section 4306 of Title 68 is amended by adding a
subsection to read:
§ 4306. Bylaws.
* * *
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(c) Corrective amendments.--Except as otherwise provided in
the bylaws or code of regulations, if any amendment to the
bylaws or code of regulations is necessary in the judgment of
the executive board to cure any ambiguity or to correct or
supplement any provision of the bylaws or code of regulations
that is defective, missing or inconsistent with any other
provision thereof, with the declaration or with this subpart or
if an amendment is necessary in the judgment of the executive
board to conform to the requirements of any agency or entity
that has established national or regional standards with respect
to loans secured by mortgages or deeds of trust on units in
cooperative projects (such as the Federal National Mortgage
Association and the Federal Home Loan Mortgage Corporation), to
comply with any statute, regulation, code or ordinance which may
now or hereafter be made applicable to the cooperative or
association, or to make a reasonable accommodation or permit a
reasonable modification in favor of handicapped, as may be
defined by prevailing Federal or State laws or regulations
applicable to the association, proprietary lessees, residents or
employees, then, at any time and from time to time, the
executive board may at its discretion effect an appropriate
corrective amendment without the approval of the proprietary
lessees or the holders of any liens on all or any part of the
cooperative, upon receipt by the executive board of an opinion
from legal counsel who is independent from the declarant to the
effect that the proposed amendment is permitted by the terms of
this subsection.
Section 8. Section 4403(a)(16) of Title 68 is amended to
read:
§ 4403. Public offering statement; general provisions.
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(a) General rule.--Except as provided in subsection (b), a
public offering statement must contain or fully and accurately
disclose:
* * *
(16) Any [current or expected] fees or charges to be
paid by proprietary lessees, currently or in the future, for
the use of the common elements, limited common elements and
other facilities related to the cooperative in addition to
monthly common expense assessments described in paragraph (5)
(iv) and including, without limitation, user or membership
fees that may be charged for the use or enjoyment of common
elements, limited common elements and other facilities
related to the cooperative.
* * *
Section 9. Section 5205 of Title 68 is amended by adding a
paragraph to read:
§ 5205. Contents of declaration; all planned communities.
The declaration for a planned community must contain:
* * *
(16.2) Any fees or charges to be paid by unit owners,
currently or in the future, for the use of the common
elements, limited common elements and any other facilities
related to the planned community.
* * *
Section 10. Section 5219(f) of Title 68 is amended to read:
§ 5219. Amendment of declaration.
* * *
(f) Technical corrections.--Except as otherwise provided in
the declaration, if any amendment to the declaration is
necessary in the judgment of the executive board to do any of
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the following:
(1) cure an ambiguity;
(2) correct or supplement any provision of the
declaration, including the plats and plans, that is
defective, missing or inconsistent with any other provision
of the declaration or with this subpart;
(3) conform to the requirements of any agency or entity
that has established national or regional standards with
respect to loans secured by mortgages or deeds of trust or
units in planned community or so-called "PUD" projects, such
as Federal National Mortgage Association and the Federal Home
Loan Mortgage Corporation; or
(4) comply with any statute, regulation, code or
ordinance which may now or hereafter be made applicable to
the planned community or association, or to make a reasonable
accommodation or permit a reasonable modification in favor of
handicapped, as may be defined by prevailing Federal or State
laws or regulations applicable to the association, unit
owners, residents, tenants or employees;
then, at any time, the executive board may, at its discretion,
effect an appropriate corrective amendment without the approval
of the unit owners or the holders of liens on all or any part of
the planned community, upon receipt of an opinion from
[independent] legal counsel who is independent from the
declarant to the effect that the proposed amendment is permitted
by the terms of this subsection.
Section 11. Section 5306 of Title 68 is amended by adding a
subsection to read:
§ 5306. Bylaws.
* * *
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(c) Corrective amendments.--Except as otherwise provided in
the bylaws or code of regulations, if any amendment to the
bylaws or code of regulations is necessary in the judgment of
the executive board to cure any ambiguity or to correct or
supplement any provision of the bylaws or code of regulations
that is defective, missing or inconsistent with any other
provision thereof, with the declaration or with this subpart or
if an amendment is necessary in the judgment of the executive
board to conform to the requirements of any agency or entity
that has established national or regional standards with respect
to loans secured by mortgages or deeds of trust on units in
planned communities or so-called "PUD projects," cooperative
projects (such as the Federal National Mortgage Association and
the Federal Home Loan Mortgage Corporation), to comply with any
statute, regulation, code or ordinance which may now or
hereafter be made applicable to the planned community or
association, or to make a reasonable accommodation or permit a
reasonable modification in favor of handicapped, as may be
defined by prevailing Federal or State laws or regulations
applicable to the association, unit owners, residents, tenants
or employees, then, at any time and from time to time, the
executive board may at its discretion effect an appropriate
corrective amendment without the approval of the unit owners or
the holders of any liens on all or any part of the planned
community or association, upon receipt by the executive board of
an opinion from legal counsel who is independent from the
declarant to the effect that the proposed amendment is permitted
by the terms of this subsection.
Section 12. Section 5402(a)(18) of Title 68 is amended to
read:
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§ 5402. Public offering statement; general provisions.
(a) General rule.--Except as provided in subsection (b), a
public offering statement must contain or fully and accurately
disclose:
* * *
(18) Any [current or expected] fees or charges to be
paid by unit owners, currently or in the future, for the use
of the common elements, limited common elements and other
facilities related to the planned community.
* * *
Section 13. This act shall take effect in 60 days.
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