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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY O'NEILL, BARRAR, BOYD, CARROLL, CLYMER, FABRIZIO, GEIST, HARKINS, KILLION, MELIO, MILLER, MOUL, MURT, PEIFER, READSHAW, REICHLEY, SIPTROTH, TRUE, VULAKOVICH AND YOUNGBLOOD, APRIL 8, 2009 |
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| REFERRED TO COMMITTEE ON URBAN AFFAIRS, APRIL 8, 2009 |
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| AN ACT |
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1 | Amending Title 68 (Real and Personal Property) of the |
2 | Pennsylvania Consolidated Statutes, further providing for |
3 | association records; and providing for meetings of unit |
4 | owners' associations. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Section 5316 of Title 68 of the Pennsylvania |
8 | Consolidated Statutes is amended to read: |
9 | § 5316. Association records. |
10 | (a) Financial records.--The association shall keep financial |
11 | records sufficiently detailed to enable the association to |
12 | comply with section 5407 (relating to resales of units). [All |
13 | financial and other records shall be made reasonably available |
14 | for examination by any unit owner and authorized agents.] |
15 | (b) Annual financial statements.--Within 180 days after the |
16 | close of its fiscal year, the association in any planned |
17 | community having more than 12 units or subject to any rights |
18 | under section 5215 (relating to subdivision or conversion of |
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1 | units) or 5211 (relating to conversion and expansion of flexible |
2 | planned communities) shall prepare annual financial statements |
3 | consisting of at least a balance sheet and a statement of |
4 | revenues and expenses for the association. The cost of preparing |
5 | the financial statements shall be a common expense. Each unit |
6 | owner shall be entitled to receive from the association, within |
7 | 30 days after submitting a written request to the association, a |
8 | copy of the annual financial statements and, if such financial |
9 | statements are audited, reviewed or compiled by an independent |
10 | certified public accountant or independent public accountant, a |
11 | copy of the independent accountant's report on the financial |
12 | statements. The association may charge a fee not to exceed the |
13 | cost of producing copies of records other than the financial |
14 | statement. |
15 | (b.1) Access to association records.-- |
16 | (1) All association records shall be accessible for |
17 | inspection and duplication by a unit owner or an authorized |
18 | agent of the unit owner in accordance with this section. |
19 | (2) An association may fulfill verbal requests for |
20 | access to an association record. In the event that the |
21 | requesting unit owner wishes to pursue relief under |
22 | subsection (c), the unit owner shall initiate the relief with |
23 | a written request. |
24 | (3) An association record may not be used for commercial |
25 | purposes. |
26 | (4) If an association determines that any portion of a |
27 | record in its possession is not an association record, the |
28 | association's response to a request for access to the record |
29 | shall grant access to the portion of the record that is an |
30 | association record and deny access to the portion of the |
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1 | record that is not an association record. If the information |
2 | that is not subject to access is an integral part of the |
3 | association record and cannot be separated, the association |
4 | shall redact from the record the information that is not |
5 | subject to access. |
6 | (5) Upon receipt of a written request for access to an |
7 | association record, an association shall make a good faith |
8 | effort to determine if the record requested is an association |
9 | record under this section and to respond as promptly as |
10 | possible under the circumstances existing at the time of the |
11 | request but shall not exceed 15 business days from the date |
12 | the written request is received by the association. If the |
13 | agency fails to send a response within 15 business days, the |
14 | written request for access shall be deemed denied. Upon |
15 | receipt of a written request for access, an association shall |
16 | send written notice to the requester within 15 business days |
17 | of the association's receipt of the request for access if the |
18 | association determines that one of the following applies: |
19 | (i) The request for access requires redaction of an |
20 | association record in accordance with paragraph (4). |
21 | (ii) A timely response to the request for access |
22 | cannot be accomplished due to bona fide and specified |
23 | manpower limitations. |
24 | (iii) A legal review is necessary to determine |
25 | whether the record is an association record subject to |
26 | access under this section. |
27 | The notice shall include a statement notifying the requester |
28 | that the request for access is being reviewed, the reason for |
29 | the review and a reasonable date that a response is expected |
30 | to be provided, which date shall be no later than 30 business |
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1 | days following the association's receipt of the request for |
2 | access. |
3 | (6) An association may impose and collect reasonable |
4 | fees, reflecting the actual costs of materials and labor, for |
5 | duplication of association records. |
6 | (c) Filing of complaints.--If an association subject to |
7 | subsection (a) fails to provide a copy of the annual financial |
8 | statements and, if applicable, the report of an independent |
9 | accountant as required under subsection (b) to the requesting |
10 | unit owner [within 30 days of the unit owner's written request |
11 | or] prior to the deadline established in subsection (b.1)(5), if |
12 | the financial records of the association which substantiate an |
13 | association's financial statements, or any other requested |
14 | association records are not made [reasonably] available by any |
15 | association for examination by any unit owner and authorized |
16 | agents[,] prior to the deadline established in subsection (b.1) |
17 | (5), or if the association denies access to an association |
18 | record under subsection (b.1)(5), the unit owner may file a |
19 | complaint with the Bureau of Consumer Protection in the Office |
20 | of Attorney General. |
21 | (d) Definitions.--As used in this section, the following |
22 | words and phrases shall have the meanings given to them in this |
23 | subsection: |
24 | "Association record." The term includes financial records, |
25 | annual financial statements, bylaws, rules, regulations and |
26 | budgets adopted by the association, board-approved minutes of |
27 | meetings, contracts entered into by the association, insurance |
28 | policies, declarations and amendments to the declaration. The |
29 | term shall not include personnel records, an individual's |
30 | medical records, records relating to business transactions that |
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1 | are currently in negotiation, privileged communications with |
2 | legal counsel, complaints against a unit owner, records of |
3 | executive board meetings or information which, if disclosed, |
4 | would constitute an invasion of privacy under Federal or State |
5 | law. |
6 | Section 2. Title 68 is amended by adding a section to read: |
7 | § 5321. Meetings of unit owners' associations. |
8 | (a) Bylaws.--The bylaws of any unit owners' association |
9 | shall, in addition to the provisions of section 5308 (relating |
10 | to meetings), provide that: |
11 | (1) A meeting of the association, executive board or any |
12 | committee, commission or other entity that is a subdivision |
13 | of the executive board, except an executive board meeting |
14 | under paragraph (4), shall be open to unit owners and an |
15 | appropriate officer of the association shall provide notice |
16 | as follows: |
17 | (i) Notice of an association meeting shall be |
18 | provided under section 5308. |
19 | (ii) Notice of any other meeting, except an |
20 | executive board meeting under paragraph (4) or emergency |
21 | meeting under paragraph (5), shall be provided as |
22 | specified in the bylaws and shall, at a minimum: |
23 | (A) Include the time and place of the meeting |
24 | and the items on the agenda. |
25 | (B) Be posted at either the main entrance to the |
26 | substantial planned community or at a central |
27 | location within the substantial planned community |
28 | designated for such purposes. All official action |
29 | shall be taken at a meeting under this paragraph or |
30 | an emergency meeting under paragraph (5). |
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1 | (2) Except during an executive board meeting under |
2 | paragraph (4), written minutes shall be kept of any |
3 | association meeting, including the time and date of the |
4 | meeting, the number of unit owners in attendance, the |
5 | substance of all official actions taken at the meeting and a |
6 | record of votes on official action by individual executive |
7 | board members or officers. |
8 | (3) Unit owners shall be provided at any meeting, except |
9 | an executive board meeting under paragraph (4), with a |
10 | reasonable opportunity to comment on matters of concern, |
11 | deliberation or official action that are or may be under |
12 | consideration at that meeting. |
13 | (4) (i) The executive board may exclude unit owners |
14 | from an executive board meeting. An executive board |
15 | meeting shall only be convened during an open meeting |
16 | under paragraph (1) or (5) upon an affirmative vote of a |
17 | majority of the members of the executive board in |
18 | attendance at the opening meeting. |
19 | (ii) An executive board meeting may be held for any |
20 | of the following reasons, which reason shall be announced |
21 | at the open meeting prior to the executive board meeting: |
22 | (A) To discuss any matter involving the |
23 | employment, termination of employment, terms and |
24 | conditions of employment, evaluation of performance, |
25 | promotion or disciplining of any specific prospective |
26 | employee or current employee employed by the |
27 | association, or former employee, provided, however, |
28 | that the individual employee whose rights could be |
29 | adversely affected may request in writing that the |
30 | matter or matters be discussed at an open meeting. |
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1 | (B) To consider the purchase or lease of real |
2 | property up to the time an option to purchase or |
3 | lease the real property is obtained or up to the time |
4 | an agreement to purchase or lease the property is |
5 | obtained if the agreement is obtained directly |
6 | without an option. |
7 | (C) To consult with its attorney or other |
8 | professional advisor regarding any information or |
9 | strategy in connection with litigation or with an |
10 | issue on which an identifiable complaint is expected |
11 | to be filed. |
12 | (D) To review and discuss business that, if |
13 | conducted in public, would violate a lawful privilege |
14 | or lead to the disclosure of information or |
15 | confidentiality protected by law. |
16 | (iii) Official action on discussion held at an |
17 | executive board meeting shall be taken at an open meeting |
18 | and no executive board meeting shall be used as a |
19 | subterfuge to defeat the purposes of paragraph (1) or |
20 | (5). |
21 | (iv) The provisions of this paragraph shall not |
22 | apply to any meeting involving the appointment or |
23 | selection of any person to fill a vacancy in the |
24 | executive board. |
25 | (5) (i) The executive board may call an emergency |
26 | meeting for the purpose of dealing with a real or |
27 | potential emergency involving a clear and present danger |
28 | to life or property. |
29 | (ii) An emergency meeting shall be open to unit |
30 | owners and shall be subject to the requirements of |
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1 | paragraphs (2) and (3). |
2 | (iii) The bylaws shall specify which member of the |
3 | association's executive board shall provide notice of any |
4 | emergency meeting and shall further specify the means and |
5 | methods of providing the notice, including, but not |
6 | limited to, posting the notice at either the main |
7 | entrance to the substantial planned community or at a |
8 | central location within the substantial planned community |
9 | designated for such purposes. |
10 | (b) Definitions.--As used in this section, the following |
11 | words and phrases shall have the meanings given to them in this |
12 | subsection: |
13 | "Meeting." A prearranged gathering held for the purpose of |
14 | deliberating association business or taking official action of: |
15 | (1) an association, which is attended or participated in |
16 | by a quorum of unit owners; |
17 | (2) an executive board, which is attended or |
18 | participated in by a quorum of the executive board; or |
19 | (3) any committee, commission or other entity that is a |
20 | subdivision of the executive board of the association, which |
21 | is attended or participated in by a quorum of the committee, |
22 | commission or entity. |
23 | "Official action." Any of the following: |
24 | (1) The establishment of policy by an association. |
25 | (2) A decision on association business made by an |
26 | association. |
27 | (3) A vote taken by an association, executive board or |
28 | any committee, commission or other entity that is a |
29 | subdivision of the executive board of an association on any |
30 | proposal, resolution, rule, regulation or report. |
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1 | Section 3. This act shall take effect in 60 days. |
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