PRINTER'S NO. 51
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
62
Session of
2023
INTRODUCED BY MERCURI, CIRESI, JOZWIAK, M. MACKENZIE AND SMITH,
MARCH 7, 2023
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 7, 2023
AN ACT
Amending Title 68 (Real and Personal Property) of the
Pennsylvania Consolidated Statutes, in protection of
purchasers relating to condominiums, further providing for
public offering statement and general provisions and for
resales of units; in protection of cooperative interest
purchasers, further providing for public offering statement
and general provisions and for resales of cooperative
interests; and, in protection of purchasers relating to
planned communities, further providing for public offering
statement and general provisions and for resales of units.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3402(a) introductory paragraph of Title
68 of the Pennsylvania Consolidated Statutes is amended and the
subsection is amended by adding a paragraph to read:
§ 3402. Public offering statement; general provisions.
(a) General rule.--Except as provided in subsection (b), a
declarant shall furnish to a purchaser, prior to the execution
of any contract for sale of a unit, a public offering statement.
The public offering statement must be current and contain or
fully and accurately disclose:
* * *
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(27) A statement, in a font four times greater than the
font in any other statement in the certificate, which shall
be acknowledged and signed by the purchaser and in the
following form:
I have received a copy of the governing documents of
the community to review and I understand the bylaws.
I understand that the bylaws and declaration of this
community are the governing documents and a binding
contract between myself and the community, and I must
abide by all bylaws, rules and regulations outlined
in the documents. I also understand that this
community is governed by an elected board of unit
owners. I understand that disputes, concerns or legal
issues that may arise in my time as a unit owner
would, in most cases, be civil legal concerns; except
in extreme circumstances of fraud and abuse, are
otherwise noted as applicable provisions for
complaints to the Bureau of Consumer Protection in
the Office of Attorney General or have specific
stated penalties.
* * *
Section 2. Section 3407(a) introductory paragraph and (b) of
Title 68 are amended and subsection (a) is amended by adding a
paragraph to read:
§ 3407. Resales of units.
(a) Information supplied by unit owner.--In the event of a
resale of a unit by a unit owner other than a declarant, the
unit owner shall furnish to a purchaser before execution of any
contract for sale of a unit, or otherwise before conveyance, a
copy of the declaration (other than the plats and plans), the
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bylaws, the rules or regulations of the association and a
current certificate containing:
* * *
(18) A statement, in a font four times greater than the
font in any other statement in the certificate, which shall
be acknowledged and signed by the purchaser and in the
following form:
I have received a copy of the governing documents of
the community to review and I understand the bylaws.
I understand that the bylaws and declaration of this
community are the governing documents and a binding
contract between myself and the community, and I must
abide by all bylaws, rules and regulations outlined
in the documents. I also understand that this
community is governed by an elected board of unit
owners. I understand that disputes, concerns or legal
issues that may arise in my time as a unit owner
would, in most cases, be civil legal concerns; except
in extreme circumstances of fraud and abuse, are
otherwise noted as applicable provisions for
complaints to the Bureau of Consumer Protection in
the Office of Attorney General or have specific
stated penalties.
(b) Information supplied by association.--The association,
within ten days after a request by a unit owner, shall furnish a
certificate containing the information under subsection (a) and
copies of documents necessary to enable the unit owner to comply
with this section. Except for the actual costs incurred to
furnish the certificate and the copies of the necessary
documents, the association may not impose a fee on a unit owner
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for the certificate and the copies of the necessary documents to
comply with the deadline specified under this subsection. A unit
owner providing a certificate pursuant to subsection (a) is not
liable to the purchaser for any erroneous information provided
by the association and included in the certificate. If the
association fails to furnish the certificate and the copies of
the necessary documents by the deadline specified under this
subsection, the purchaser shall not be subject to any fees
imposed by the association.
* * *
Section 3. Section 4403(a) introductory paragraph of Title
68 is amended and the subsection is amended by adding a
paragraph to read:
§ 4403. Public offering statement; general provisions.
(a) General rule.--Except as provided in subsection (b), a
declarant shall furnish to a purchaser, prior to the execution
of any contract for sale of a unit, a public offering statement.
The public offering statement must be current and contain or
fully and accurately disclose:
* * *
(28) A statement, in a font four times greater than the
font in any other statement in the certificate, which shall
be acknowledged and signed by the purchaser and in the
following form:
I have received a copy of the governing documents of
the community to review and I understand the bylaws.
I understand that the bylaws and declaration of this
community are the governing documents and a binding
contract between myself and the community, and I must
abide by all bylaws, rules and regulations outlined
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in the documents. I also understand that this
community is governed by an elected board of unit
owners . I understand that disputes, concerns or legal
issues that may arise in my time as a unit owner
would, in most cases, be civil legal concerns; except
in extreme circumstances of fraud and abuse, are
otherwise noted as applicable provisions for
complaints to the Bureau of Consumer Protection in
the Office of Attorney General or have specific
stated penalties.
* * *
Section 4. Section 4409(a) introductory paragraph and (b) of
Title 68 are amended and subsection (a) is amended by adding a
paragraph to read:
§ 4409. Resales of cooperative interests.
(a) Information supplied by proprietary lessee.--Except in
the case of a sale where delivery of a public offering statement
is required or unless the transaction is exempt under section
4401(b) (relating to applicability; waiver), a proprietary
lessee shall furnish to a purchaser before execution of any
contract of sale of a cooperative interest or, if there is no
contract of sale, before the time of conveyance a copy of the
declaration (other than the plats and plans), the bylaws and the
rules or regulations of the association, including all
amendments to such documents to the date of their delivery to
the purchaser, and a current certificate containing:
* * *
(22) A statement, in a font four times greater than the
font in any other statement in the certificate, which shall
be acknowledged and signed by the purchaser and in the
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following form:
I have received a copy of the governing documents of
the community to review and I understand the bylaws.
I understand that the bylaws and declaration of this
community are the governing documents and a binding
contract between myself and the community, and I must
abide by all bylaws, rules and regulations outlined
in the documents. I also understand that this
community is governed by an elected board of unit
owners . I understand that disputes, concerns or legal
issues that may arise in my time as a unit owner
would, in most cases, be civil legal concerns; except
in extreme circumstances of fraud and abuse, are
otherwise noted as applicable provisions for
complaints to the Bureau of Consumer Protection in
the Office of Attorney General or have specific
stated penalties.
(b) Information supplied by association.--The association,
within ten days after a request by a proprietary lessee, shall
furnish the documents and a certificate containing the
information under subsection (a) necessary to enable the
proprietary lessee to comply with this section. Except for the
actual costs incurred to furnish the documents and the
certificate, the association may not impose a fee on a
proprietary lessee for the documents and the certificate to
comply with the deadline specified under this subsection. A
proprietary lessee providing a certificate pursuant to
subsection (a) is not liable to the purchaser for any erroneous
information provided by the association and included in or
delivered with the certificate. If the association fails to
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furnish the documents and the certificate by the deadline
specified under this subsection, the purchaser shall not be
subject to any fees imposed by the association.
* * *
Section 5. Section 5402(a) introductory paragraph of Title
68 is amended and the subsection is amended by adding a
paragraph to read:
§ 5402. Public offering statement; general provisions.
(a) General rule.--Except as provided in subsection (b), a
declarant shall furnish to a purchaser, prior to the execution
of any contract for sale of a unit, a public offering statement.
The public offering statement must be current and contain or
fully and accurately disclose:
* * *
(30) A statement, in a font four times greater than the
font in any other statement in the certificate, which shall
be acknowledged and signed by the purchaser and in the
following form:
I have received a copy of the governing documents of
the community to review and I understand the bylaws.
I understand that the bylaws and declaration of this
community are the governing documents and a binding
contract between myself and the community, and I must
abide by all bylaws, rules and regulations outlined
in the documents. I also understand that this
community is governed by an elected board of unit
owners . I understand that disputes, concerns or legal
issues that may arise in my time as a unit owner
would, in most cases, be civil legal concerns; except
in extreme circumstances of fraud and abuse, are
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otherwise noted as applicable provisions for
complaints to the Bureau of Consumer Protection in
the Office of Attorney General or have specific
stated penalties.
* * *
Section 6. Section 5407(a) introductory paragraph and (b) of
Title 68 are amended and subsection (a) is amended by adding a
paragraph to read:
§ 5407. Resales of units.
(a) Information supplied by unit owner.--In the event of a
resale of a unit by a unit owner other than a declarant, the
unit owner shall furnish to a purchaser before execution of any
contract for sale of a unit or otherwise before conveyance a
copy of the declaration other than the plats and plans, the
bylaws, the rules or regulations of the association and a
current certificate containing:
* * *
(18) A statement, in a font four times greater than the
font in any other statement in the certificate, which shall
be acknowledged and signed by the purchaser and in the
following form:
I have received a copy of the governing documents of
the community to review and I understand the bylaws.
I understand that the bylaws and declaration of this
community are the governing documents and a binding
contract between myself and the community, and I must
abide by all bylaws, rules and regulations outlined
in the documents. I also understand that this
community is governed by an elected board of unit
owners . I understand that disputes, concerns or legal
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issues that may arise in my time as a unit owner
would, in most cases, be civil legal concerns; except
in extreme circumstances of fraud and abuse, are
otherwise noted as applicable provisions for
complaints to the Bureau of Consumer Protection in
the Office of Attorney General or have specific
stated penalties.
(b) Information supplied by association.--The association,
within ten days after a request by a unit owner, shall furnish a
certificate containing the information under subsection (a) and
copies of documents necessary to enable the unit owner to comply
with this section. Except for the actual costs incurred to
furnish the certificate and the copies of the necessary
documents, the association may not impose a fee on a unit owner
for the certificate and the copies of the necessary documents to
comply with the deadline specified under this subsection. A unit
owner providing a certificate pursuant to subsection (a) is not
liable to the purchaser for any erroneous information provided
by the association and included in the certificate. If the
association fails to furnish the certificate and the copies of
the necessary documents by the deadline specified under this
subsection, the purchaser shall not be subject to any fees
imposed by the association.
* * *
Section 7. This act shall take effect in 60 days.
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