PRINTER'S NO. 2085
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1839
Session of
2021
INTRODUCED BY SMITH, KNOWLES, HAMM, COX, ZIMMERMAN, R. BROWN,
GAYDOS, JONES, ARMANINI AND LEWIS DELROSSO, SEPTEMBER 8, 2021
REFERRED TO COMMITTEE ON URBAN AFFAIRS, SEPTEMBER 8, 2021
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, in general provisions relating to area
government and intergovernmental cooperation, further
providing for definitions and providing for agreements with
community associations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2302 of Title 53 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
§ 2302. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Community association." A person or incorporated community
under 68 Pa.C.S. Pt. II Subpts. B (relating to condominiums), C
(relating to cooperatives) and D (relating to planned
communities) or a common interest community.
* * *
Section 2. Title 53 is amended by adding a section to read:
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§ 2310.1. Agreements with community associations.
A municipality may, by ordinance or resolution, enter into a
joint agreement with a community association for the joint
purchases of materials, supplies and equipment or any other
lawful purpose. The ordinance or resolution shall require that
the community association shall be bound by the terms and
conditions of purchasing agreements which the local government
prescribes and that the community association be responsible for
payment directly to the vendor under each purchase contract. In
the case of an agreement authorizing joint purchases or
contracts to provide for the construction, repair or maintenance
of public and private streets, real property, stormwater
facilities or utilities, all of the following shall apply:
(1) Purchases under the agreement shall be exempt from
any existing statutory requirements governing competitive
bidding.
(2) Costs shall be reasonably apportioned between the
municipality and community association according to the
benefit provided.
(3) If the agreement apportions the majority of the cost
of construction, repair or maintenance to the community
association, the entire project shall not constitute a public
work for the purposes of the act of August 15, 1961 (P.L.987,
No.442), known as the Pennsylvania Prevailing Wage Act.
Section 3. This act shall take effect in 60 days.
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