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06/18/2021 01:28 AM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20190&cosponId=31336
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House of Representatives
Session of 2019 - 2020 Regular Session

MEMORANDUM

Posted: March 3, 2020 02:20 PM
From: Representative Rosemary M. Brown
To: All House members
Subject: HOA Title 68 Voting Reform and Unfair Trade Practices
 
As a legislator representing many private homeowner communities and residents, I have become extremely cognizant of the issues relating to community living. After tremendous communication, I will be introducing legislation that amends Title 68 to provide that procedures for amendments to a homeowners community association’s (HOA) bylaws must follow the same fair and open requirements as amendments for declarations, and to strengthen board elections by integrating an independent reviewer into the election process.

In simplest terms, my bill states that a HOA must have a majority approval of its unit owners to amend the community’s bylaws. Currently, the law contains no requirements for amendments to bylaws. This is problematic since some homeowner association boards could amend their bylaws without obtaining input, opinions and votes from their unit owners.

The bill will also include provisions to require unit owners to provide a notarized ballot to an independent third party, who will then certify board election results to the community, and all unit owners. This will split the responsibility of creating more transparency and accountability in board elections and offer protections and confidence in the voting system and results.

Additionally, my legislation will contain provisions that require HOA communities currently not under the guidelines provided by Title 68 to vote to come under the statute. My legislation will encourage this by making it clear that any violation of Title 68 or the by-laws and declaration of the community would be considered an unfair trade practice and be reported to the Office of Attorney General. This will provide a stronger framework for all HOA communities in Pennsylvania.

Please consider co-sponsoring this legislation to further help these communities work toward establishing fair practices for their unit owners.