reglab/housing_qa huggingface dataset:
68 PA Cons Stat § 4221 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 42 - Creation, Alteration and Termination of Cooperatives|Section 4221 - Method for transferring a cooperative interest

§ 4221. Method for transferring a cooperative interest.   (a) General rule.--In order to effectuate the transfer of a cooperative interest, the transferor, the transferee and the association shall execute an instrument which may be recorded in the same manner as a lease and which must include the following: (1) The names of the transferor and transferee. (2) A description of the unit that is the subject of the proprietary lease included in such cooperative interest, which description shall contain the items required by section 4204 (relating to description of units). (3) Language evidencing an intent to transfer the cooperative interest, which may include: (i) An assignment by the transferor, by endorsement or otherwise, of the instrument, if any, used to evidence the ownership of the cooperative interest, including, but not limited to, a stock or membership certificate. (ii) The transfer of the cooperative interest on the books of the association. (iii) An assignment of the transferor's interest in the proprietary lease that is part of the cooperative interest being disposed of. (4) Joinder by the association for the purpose of: (i) Acknowledging such transfer on the books of the association. (ii) Stating the amount, if any, of any unpaid common expense or special assessment currently due and payable from the transferor. (iii) Stating whether or not such transfer violates any rights of the association restricting the alienation of the cooperative interest or restricting the amount for which the cooperative interest may be sold or restricting the amount that may be received by the transferor upon such sale.  (b) Rights and liabilities of transferee.--The transferee shall not be liable for any unpaid assessment or fee greater than the amount set forth in the instrument nor shall the transferee be bound by any restriction in favor of the association which is violated as a result of the transfer but which is not stated as having been violated in the instrument.
68 PA Cons Stat § 4301 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 43 - Management of Cooperatives|Section 4301 - Organization of association

§ 4301. Organization of association. An association must be organized prior to the date the first cooperative interest in the cooperative is conveyed to anyone other than the declarant or an affiliate of the declarant. An association may be organized prior to the date on which the real estate subject to the provisions of this subpart is acquired. Immediately upon creation of the cooperative pursuant to section 4201 (relating to creation of cooperative ownership) and at all times thereafter, the membership of the association shall consist exclusively of all the proprietary lessees or, following termination of the cooperative, of all former proprietary lessees entitled to distributions of proceeds under section 4217 (relating to termination of cooperative ownership) or their heirs, successors or assigns. The association shall be organized as a profit or nonprofit corporation, trust, trustee or partnership.    Cross References. Section 4301 is referred to in sections 4103, 4219 of this title.
68 PA Cons Stat § 4305 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 43 - Management of Cooperatives|Section 4305 - Termination of contracts and leases of declarant

§ 4305. Termination of contracts and leases of declarant.  If entered into before the executive board elected by the proprietary lessees pursuant to section 4303(f) (relating to executive board members and officers) takes office: (1) any management contract, employment contract or lease of recreational or parking areas or facilities; (2) any other contract or lease between the association and declarant or an affiliate of a declarant; or (3) any contract or lease that is not bona fide or was unconscionable to the proprietary lessees at the time entered into under the circumstances then prevailing; may be terminated without penalty by the association at any time within one year after the executive board elected by the proprietary lessees pursuant to section 4303(f) takes office upon not less than 90 days' notice to the other party. This section does not apply to any agreement of sale for the purchase of land and other real property which has been subjected to the cooperative form of ownership nor does this section apply to any proprietary lease or any lease the termination of which would terminate the cooperative or reduce its size unless the real estate subject to that lease was included in the cooperative for the purpose of avoiding the right of the association to terminate a lease under this section.
68 PA Cons Stat § 4306 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 43 - Management of Cooperatives|Section 4306 - Bylaws

§ 4306. Bylaws. (a) Mandatory provisions.--The bylaws of the association must provide for:  (1) The number of members of the executive board and the titles of the officers of the association.  (2) Election by the executive board of a president, treasurer, secretary and any other officers of the association the bylaws specify.  (3) The qualifications, powers and duties, terms of office and manner of electing and removing executive board members and officers and filling vacancies.  (4) Which, if any, of its powers the executive board or officers may delegate to other persons or to a managing agent.  (5) Which of its officers may prepare, execute, certify and record amendments to the declaration on behalf of the association.  (6) The method of amending the bylaws. (b) Other provisions.--Subject to the provisions of the declaration, the bylaws may provide for any other matters the association deems necessary and appropriate.  (c) Corrective amendments.--Except as otherwise provided in the bylaws or code of regulations, if any amendment to the bylaws or code of regulations is necessary in the judgment of the executive board to cure any ambiguity or to correct or supplement any provision of the bylaws or code of regulations that is defective, missing or inconsistent with any other provision thereof, with the declaration or with this subpart or if an amendment is necessary in the judgment of the executive board to conform to the requirements of any agency or entity that has established national or regional standards with respect to loans secured by mortgages or deeds of trust on units in cooperative projects (such as the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation), to comply with any statute, regulation, code or ordinance which may now or hereafter be made applicable to the cooperative or association, or to make a reasonable accommodation or permit a reasonable modification in favor of handicapped, as may be defined by prevailing Federal or State laws or regulations applicable to the association, proprietary lessees, residents or employees, then, at any time and from time to time, the executive board may at its discretion effect an appropriate corrective amendment without the approval of the proprietary lessees or the holders of any liens on all or any part of the cooperative, upon receipt by the executive board of an opinion from legal counsel who is independent from the declarant to the effect that the proposed amendment is permitted by the terms of this subsection.  (Mar. 27, 2020, P.L.35, No.11, eff. 60 days)   2020 Amendment. Act 11 added subsec. (c).
68 PA Cons Stat § 4307 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 43 - Management of Cooperatives|Section 4307 - Upkeep of cooperative

§ 4307. Upkeep of cooperative.   (a) General rule.--Except to the extent provided by the declaration, subsection (b), section 4313(g) (relating to insurance) or 4321(g) (relating to limited equity cooperatives), the association is responsible for maintenance, repair and replacement of the common elements, and each proprietary lessee is responsible for maintenance, repair and replacement of his unit. Each proprietary lessee shall afford to the association and the other proprietary lessees and to their agents or employees access through his unit reasonably necessary for those purposes. If damage is inflicted on the common elements or on any units through which access is taken, the proprietary lessee responsible for the damage, or the association if it is responsible, is liable for the prompt repair thereof.  (b) Rights and liabilities of declarant.--In addition to the liability that a declarant as a proprietary lessee has under this subpart, the declarant alone is liable for all expenses in connection with real estate subject to development rights. No other proprietary lessee and no other portion of the cooperative is subject to a claim for payment of those expenses. Unless the declaration provides otherwise, any income or proceeds from real estate subject to development rights inures to the declarant.    Cross References. Section 4307 is referred to in sections 4102, 4321 of this title.
68 PA Cons Stat § 4308 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 43 - Management of Cooperatives|Section 4308 - Meetings

§ 4308. Meetings. A meeting of the association must be held at least once each year. Special meetings of the association may be called by the president, a majority of the executive board or by 20%, or any lower percentage specified in the bylaws, of the proprietary lessees. Not less than ten nor more than 60 days in advance of any meeting, the secretary or other officer specified in the bylaws shall cause notice to be hand delivered or sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the proprietary lessee. The notice of any meeting must state the time and place of the meeting and the items on the agenda, including the general nature of any proposed amendment to the declaration or bylaws, any budget or assessment changes and, where the declaration or bylaws require approval of the proprietary lessees, any proposal to remove an executive board member or officer.    Cross References. Section 4308 is referred to in sections 4103, 4219, 4310, 4323 of this title.
68 PA Cons Stat § 4309 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 43 - Management of Cooperatives|Section 4309 - Quorums

§ 4309. Quorums. (a) Association.--Unless the bylaws provide otherwise, a quorum is deemed present throughout any meeting of the association if persons entitled to cast 20% of the votes which may be cast for election of the executive board are present in person or by proxy at the beginning of the meeting. The bylaws may require a larger percentage or a smaller percentage not less than 10%.  (b) Executive board.--Unless the bylaws provide otherwise, a quorum is deemed present throughout any meeting of the executive board if persons entitled to cast 50% of the votes on that board are present at the beginning of the meeting.    Cross References. Section 4309 is referred to in sections 4103, 4219, 4323 of this title.
68 PA Cons Stat § 4310 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 43 - Management of Cooperatives|Section 4310 - Voting; proxies

§ 4310. Voting; proxies. (a) Multiple owners of a unit.--If only one of the multiple proprietary lessees of a unit is present or represented by proxy at a meeting of the association, he is entitled to cast all the votes allocated to the cooperative interest of which that unit is a part. If more than one of the multiple proprietary lessees are present, the votes allocated to that cooperative interest may be cast only in accordance with the agreement of a majority in interest of the multiple proprietary lessees, unless the declaration expressly provides otherwise. There is majority agreement if any one of the multiple proprietary lessees casts the votes allocated to that cooperative interest without protest being made promptly to the person presiding over the meeting by any of the other proprietary lessees of the cooperative interest.  (b) Proxies.--Votes allocated to a cooperative interest may be cast pursuant to a proxy duly executed by a proprietary lessee. If there is more than one proprietary lessee of a unit, each proprietary lessee of the unit may vote or register protest to the casting of votes by the other proprietary lessees of the unit through a duly executed proxy. A proprietary lessee may not revoke a proxy given pursuant to this section except by actual notice of revocation to the person presiding over a meeting of the association. A proxy is void if it is not dated or purports to be revocable without notice. A proxy terminates one year after its date, unless it specifies a shorter term. The bylaws may provide for requirements and a limit on the class of persons who may hold proxies pursuant to this subsection.  (c) Lessees other than proprietary lessees.--If the declaration requires that votes on specified matters affecting the cooperative be cast by lessees other than proprietary lessees of leased units:  (1) The provisions of subsections (a) and (b) apply to lessees as if they were proprietary lessees.  (2) Proprietary lessees who have leased their units to other persons may not cast votes on those specified matters.  (3) Lessees are entitled to notice of meetings, access to records and other rights respecting those matters as if they were proprietary lessees.  Proprietary lessees must also be given notice, in the manner provided in section 4308 (relating to meetings), of all meetings at which lessees may be entitled to vote. For the purposes of this subsection, the association shall maintain a register of lessees, showing the name and address of each lessee.  (d) Cooperative interests owned by association.--No votes allocated to a cooperative interest owned by the association may be cast.    Cross References. Section 4310 is referred to in sections 4103, 4219, 4323 of this title.
68 PA Cons Stat § 4311 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 43 - Management of Cooperatives|Section 4311 - Tort and contract liability

§ 4311. Tort and contract liability.   (a) General rule.--Neither the association nor any proprietary lessee except the declarant is liable for that declarant's torts in connection with any part of the cooperative which that declarant has the responsibility to maintain. Otherwise, an action alleging a wrong done by the association must be brought against the association and not against any proprietary lessee. If the wrong occurred during any period of declarant control, the declarant who then controlled the association is liable to the association or to any proprietary lessee: (1) For all tort losses suffered by the association or that proprietary lessee not covered by insurance. (2) For all costs which the association would not have incurred but for a breach of contract or other wrongful act or omission.  (b) Claims after declarant control.--If a claim for a tort or breach of contract is made after the period of declarant control, the association shall have no right against the declarant under this section unless the association has given the declarant: (1) Notice of the existence of such a claim promptly after the date on which one or more members of the executive board who are not designees of the declarant learns of the existence of such a claim. (2) An opportunity to defend against such claim on behalf of the association but at the declarant's expense.  (c) Liability for litigation expenses.--Whenever the declarant is liable to the association under this section, the declarant is also liable for all litigation expenses, including reasonable attorney fees, incurred by the association.  (d) Tolling statute of limitations.--Any statute of limitation affecting the association's right of action under this section is tolled until the period of declarant control terminates.  (e) Proprietary lessee as party.--A proprietary lessee is not precluded from bringing an action contemplated by this section because he is a proprietary lessee or a member or officer of the association.  (f) Liens.--Liens resulting from judgments against the association are governed by section 4316 (relating to other liens affecting cooperative).    Cross References. Section 4311 is referred to in section 4102 of this title.
68 PA Cons Stat § 4316 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 43 - Management of Cooperatives|Section 4316 - Other liens affecting cooperative

§ 4316. Other liens affecting cooperative.   (a) General rule.--Property of a proprietary lessee other than his cooperative interest is not subject to claims of the association's creditors, whether or not his cooperative interest is subject to those claims.  (b) Notice of foreclosure.--If the association receives notice of an impending foreclosure on all or any portion of the association's real estate, the association shall promptly transmit a copy of that notice to each proprietary lessee of a unit located within the real estate to be foreclosed and to the holder of the first security interest encumbering the cooperative interest with respect to such unit. Failure of the association to transmit the notice does not affect the validity of the foreclosure.    Cross References. Section 4316 is referred to in sections 4102, 4311 of this title.
68 PA Cons Stat § 4317 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 43 - Management of Cooperatives|Section 4317 - Association records

§ 4317. Association records. (a) General rule.--During the period of declarant control, the association shall keep detailed financial records, including without limitation, a record of expenses paid by the declarant until the commencement of common expense assessments by the association under section 4314(a) (relating to assessments for common expenses), the commencement date of common expense assessments by the association and, for the period commencing on such date, a record for each cooperative interest in the cooperative, including those owned by the declarant, of the common expense assessments and the payment thereof.  (b) Sufficiency and examination of records.--The association shall keep financial records sufficiently detailed to enable the association to comply with section 4409 (relating to resales of cooperative interests). All financial and other records shall be made reasonably available for examination by any proprietary lessee and his authorized agents.    Cross References. Section 4317 is referred to in sections 4102, 4103, 4314, 4323 of this title.
68 PA Cons Stat § 4318 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 43 - Management of Cooperatives|Section 4318 - Association as trustee

§ 4318. Association as trustee.  With respect to a third person dealing with the association in the association's capacity as a trustee pursuant to section 4217 (relating to termination of cooperative ownership) or 4313 (relating to insurance), the existence of trust powers and their proper exercise by the association may be assumed without inquiry. A third person is not bound to inquire whether the association has power to act as trustee or is properly exercising trust powers. A third person, without actual knowledge that the association is exceeding or improperly exercising its powers, is fully protected in dealing with the association as if it possessed and properly exercised the powers it purports to exercise. A third person is not bound to assure the proper application of trust assets paid or delivered to the association in its capacity as trustee.
68 PA Cons Stat § 4319 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 43 - Management of Cooperatives|Section 4319 - Termination of cooperative interest

§ 4319. Termination of cooperative interest.   (a) General rule.--The association's right to terminate a cooperative interest shall be exercised by judicial sale of the cooperative interest in like manner as a foreclosure upon a leasehold interest in real estate. Where the articles of incorporation, declaration or bylaws provide a fixed price or formula for determining the maximum amount which the owner of the cooperative interest may receive upon transfer or where the articles of incorporation, declaration or bylaws provide an option, but not a right of first refusal, in the association to acquire the cooperative interest at a fixed price or price determined by formula and where the association has obtained a judgment authorizing the sale of the cooperative interest, the association may acquire the cooperative interest by payment of such amount to the owner of the cooperative interest or to the sheriff at any time prior to the sale. In case of judicial sale or payment to the sheriff in lieu of sale, liens and encumbrances shall be divested and proceeds distributed as if the right to terminate were deemed to be a lien for nonpayment of assessments under section 4315 (relating to lien for assessments), arising as of the date of commencement of the action.  (b) Enforcement of proprietary lease.--The association shall have the right, at its option, to enforce the provisions of the proprietary lease, including termination of the cooperative interest for default thereunder, under the provisions of the act of April 6, 1951 (P.L.69, No.20), known as The Landlord and Tenant Act of 1951, as amended, or by any other means available to it at law or in equity. In any such case, the court shall have the power to order judicial sale of the cooperative interest. In the event the proprietary lessee appeals an adverse decision in any court in which the association seeks to enforce its rights, the appeal may be dismissed, upon motion of the association, by the court in which the appeal is pending, if the proprietary lessee has not paid all the lessee's common expense assessments as they become due both prior to and during the pendency of the appeal, subject to any final judicial determination of the proprietary lessee's liability to make the payments if that is an issue in the appeal.    Cross References. Section 4319 is referred to in sections 4102, 4302 of this title.
68 PA Cons Stat § 4322 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 43 - Management of Cooperatives|Section 4322 - Alternative dispute resolution in cooperatives

§ 4322. Alternative dispute resolution in cooperatives. (a) Applicability.-- (1) A cooperative established after the effective date of this section shall adopt bylaws in compliance with this section.  (2) A cooperative established on or before the effective date of this section may adopt bylaws in compliance with the provisions of this section.  (b) Procedures.-- (1) The bylaws shall establish procedures for an alternative dispute resolution for disputes between:  (i) two or more proprietary lessees; or (ii) a proprietary lessee and the association. (2) Alternative dispute resolution shall be limited to disputes where all parties agree to alternative dispute resolution.  (3) Costs and fees associated with alternative dispute resolution, excluding attorney fees, shall be assessed equally against all parties to a dispute.  (c) Construction.--Nothing in this section shall be construed to affect or impair the right of a proprietary lessee, declarant or association to pursue a private cause of action or seek other relief.  (May 4, 2018, P.L.96, No.17, eff. 60 days)   2018 Amendment. Act 17 added section 4322.  Cross References. Section 4322 is referred to in section 4323 of this title.