PRINTER'S NO. 4377
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2866
Session of
2020
INTRODUCED BY METZGAR, MILLARD, ROTHMAN, MALONEY, BROOKS,
BERNSTINE, MOUL, ZIMMERMAN AND WARNER, SEPTEMBER 15, 2020
REFERRED TO COMMITTEE ON URBAN AFFAIRS, SEPTEMBER 15, 2020
AN ACT
Amending Title 68 (Real and Personal Property) of the
Pennsylvania Consolidated Statutes, in management of
condominiums, further providing for powers of unit owners'
association; in management of cooperatives, further providing
for powers of association; and, in management of planned
communities, further providing for power of unit owners'
association.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 3302, 4302 and 5302 of Title 68 of the
Pennsylvania Consolidated Statutes are amended by adding
subsections to read:
§ 3302. Powers of unit owners' association.
* * *
(c) Restrictions on certain activities.--
(1) Notwithstanding any other provision of this section,
an association may not:
(i) Prohibit a unit owner from displaying within the
boundaries of the unit a political sign during the two-
week period prior to an election.
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(ii) Prohibit a unit owner from constructing a shed
within the boundaries of the unit if the unit owner
obtains the necessary permit from the municipality for
construction of the shed. The association may impose
reasonable limitations on the color and placement, but
not the size, of a shed constructed by a unit owner
within the boundaries of the unit.
(2) If, after the effective date of this subsection, the
bylaws of the association are inconsistent with this
subsection, the executive board shall effect a corrective
amendment to the bylaws under section 3306(c) (relating to
bylaws) that removes the inconsistency. The corrective
amendment shall be made simultaneously with the first
amendment to the bylaws that otherwise is made after the
effective date of this subsection.
§ 4302. Powers of association.
* * *
(c) Restrictions on certain activities.--
(1) Notwithstanding any other provision of this section,
an association may not:
(i) Prohibit a proprietary lessee from displaying
within the boundaries of the unit a political sign during
the two-week period prior to an election.
(ii) Prohibit a proprietary lessee from constructing
a shed within the boundaries of the unit if the
proprietary lessee obtains the necessary permit from the
municipality for construction of the shed. The
association may impose reasonable limitations on the
color and placement, but not the size, of a shed
constructed by a proprietary lessee within the boundaries
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of the unit.
(2) If, after the effective date of this subsection, the
bylaws of the association are inconsistent with this
subsection, the executive board shall effect a corrective
amendment to the bylaws under section 4306(c) (relating to
bylaws) that removes the inconsistency. The corrective
amendment shall be made simultaneously with the first
amendment to the bylaws that otherwise is made after the
effective date of this subsection.
§ 5302. Power of unit owners' association.
* * *
(c) Restrictions on certain activities.--
(1) Notwithstanding any other provision of this section,
an association may not:
(i) Prohibit a unit owner from displaying within the
boundaries of the unit a political sign during the two-
week period prior to an election.
(ii) Prohibit a unit owner from constructing a shed
within the boundaries of the unit if the unit owner
obtains the necessary permit from the municipality for
construction of the shed. The association may impose
reasonable limitations on the color and placement, but
not the size, of a shed constructed by a unit owner
within the boundaries of the unit.
(2) If, after the effective date of this subsection, the
bylaws of the association are inconsistent with this
subsection, the executive board shall effect a corrective
amendment to the bylaws under section 5306(c) (relating to
bylaws) that removes the inconsistency. The corrective
amendment shall be made simultaneously with the first
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amendment to the bylaws that otherwise is made after the
effective date of this subsection.
Section 2. This act shall take effect in 60 days.
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