reglab/housing_qa huggingface dataset:
68 PA Cons Stat § 5218 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 52 - Creation, Alteration and Termination of Planned Communities|Section 5218 - Easement to facilitate completion, conversion and expansion

§ 5218. Easement to facilitate completion, conversion and expansion.  Subject to the provisions of the declaration, a declarant has an easement through the common elements as may be reasonably necessary for the purpose of discharging a declarant's obligations or exercising special declarant rights. In addition, without affecting the rights, if any, of each unit owner with respect to the use and enjoyment of the common elements, subject to the provisions of the declaration, each unit owner and its agents, contractors and invitees shall have a nonexclusive access easement through the common elements as may be reasonably necessary for the purpose of construction, repair and renovation of the owner's unit. An association shall have the power during spring thaw conditions to restrict road usage by vehicles of more than ten tons gross weight, provided: (1) such restrictions shall be imposed only on a week-by-week basis for an aggregate period not to exceed eight weeks during any calendar year; (2) thaw conditions shall be reviewed by the association at least weekly; and (3) signs shall be conspicuously posted by the association at all entrances to the planned community advising when and where such thaw restrictions are applicable. An association shall not have the power to impose any fees or charges or require financial security, including, but not limited to, surety bonds, letters of credit or escrow deposits for the use of the easement rights described in this section; however, the declarant or owner who exercises the easement rights described in this section, whether directly or indirectly through an agent, servant, contractor or employee, shall have the obligation to promptly return any portion of the common elements damaged by the exercise by the declarant or owner or its agent, servant, contractor or employee of the easement under this section to the appearance, condition and function in which it existed prior to the exercise of the easement or to reimburse the association for all reasonable costs, fees and expenses incurred by the association to return any portion of the common elements which were damaged to the appearance, condition and function in which it existed prior to the exercise of the easement.  (Mar. 24, 1998, P.L.206, No.37, eff. 60 days; Nov. 30, 2004, P.L.1486, No.189, eff. 60 days)    Cross References. Section 5218 is referred to in sections 5102, 5103, 5105, 5301, 5414 of this title.
68 PA Cons Stat § 5221 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 52 - Creation, Alteration and Termination of Planned Communities|Section 5221 - Rights of secured lenders

§ 5221. Rights of secured lenders.   (a) Secured lender approval.--The declaration may require that all or a specified number or percentage of the mortgagees or beneficiaries of deeds of trust encumbering the units approve specified actions of the unit owners or the association as a condition to the effectiveness of those actions, but no requirement for approval may operate to do any of the following: (1) Deny or delegate control over the general administrative affairs of the association by the unit owners or the executive board. (2) Prevent the association or the executive board from commencing, intervening in or settling any litigation or proceeding or receiving and distributing any insurance proceeds except under section 5312 (relating to insurance).  (b) Secured lender approval procedures.--If the declaration requires mortgagees or beneficiaries of deeds of trust encumbering the units to approve specified actions of the unit owners or the association as a condition to the effectiveness of those actions, then the executive board will provide the lender with written notice of the specified action proposed to be taken, together with a request for the secured lender to approve or disapprove the actions specified. If the notice to the secured lender, issued in accordance with the procedures set forth in this subsection, states that the secured lender will be deemed to have approved the actions specified in the written notice if it does not respond to the request within 45 days and the secured lender does not respond in writing within 45 days, then the secured lender will be deemed for all purposes to have approved the action specified in the notice. Written notice to the secured lender shall be given by certified, registered or first-class mail, evidenced by a United States Postal Service certificate of mailing, postage prepaid, at the address provided by the secured lender or, in the absence thereof, at the address of the secured lender endorsed on any mortgage or deed of trust of record and at the address to which the unit owner mails any periodic payment paid to the secured lender. The notice to the secured lender shall include a statement of the specified action, a copy of the full text of any proposed amendment and a form prepared by the association upon which the secured lender may indicate its approval or rejection of the specified action or amendment.  (Nov. 30, 2004, P.L.1486, No.189, eff. 60 days)    Cross References. Section 5221 is referred to in section 5219 of this title.
68 PA Cons Stat § 5301 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 53 - Management of Planned Community|Section 5301 - Organization of unit owners' association

§ 5301. Organization of unit owners' association. A unit owners' association shall be organized no later than the date the first unit in the planned community is conveyed to a person other than a successor declarant. The membership of the association at all times shall consist exclusively of all the unit owners or, following termination of the planned community, of all former unit owners entitled to distributions of proceeds under section 5218 (relating to easement to facilitate completion, conversion and expansion) or their heirs, successors or assigns. The association shall be organized as a profit or nonprofit corporation or as an unincorporated association.    Cross References. Section 5301 is referred to in sections 5103, 5222 of this title.
68 PA Cons Stat § 5305 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 53 - Management of Planned Community|Section 5305 - Termination of contracts and leases of declarant

§ 5305. Termination of contracts and leases of declarant.   (a) General rule.--If entered into before the executive board elected by the unit owners under section 5303(e) (relating to executive board members and officers) takes office, any of the following may be terminated without penalty by the association at any time after the executive board elected by the unit owners under section 5303(e) takes office upon not less than 90 days' notice to the other party: (1) Any management contract, employment contract or lease of recreational or parking areas or facilities. (2) Any other contract or lease to which a declarant or an affiliate of a declarant is a party. (3) Any contract or lease that is not bona fide or was unconscionable to the unit owners at the time entered into under the circumstances then prevailing.  (b) Exception.--This section does not apply to any lease the termination of which would terminate the planned community or reduce its size unless the real estate subject to that lease was included in the planned community for the purpose of avoiding the right of the association to terminate a lease under this section.    Cross References. Section 5305 is referred to in section 5402 of this title.
68 PA Cons Stat § 5306 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 53 - Management of Planned Community|Section 5306 - Bylaws

§ 5306. Bylaws. (a) Mandatory provisions.--The bylaws of the association shall provide for all of the following:  (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 planned communities or so-called "PUD projects," 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 planned community 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, unit owners, residents, tenants 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 unit owners or the holders of any liens on all or any part of the planned community or association, 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 § 5307 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 53 - Management of Planned Community|Section 5307 - Upkeep of planned community

§ 5307. Upkeep of planned community.   (a) General rule.--Except to the extent provided by the declaration, subsection (b) or section 5312 (relating to insurance), the association is responsible for maintenance, repair and replacement of the common elements, and each unit owner is responsible for maintenance, repair and replacement of his unit. Each unit owner shall afford to the association and the other unit owners and to their agents or employees access through the unit reasonably necessary for those purposes. If damage is inflicted on the common elements or on any unit through which access is taken, the unit owner responsible for the damage or the association if it is responsible is liable for the prompt repair of the damage.  (b) Nonresidential planned communities.--If any unit in a planned community all of whose units are restricted to nonresidential use is damaged and the exterior appearance of the unit is thereby affected, the person responsible for the exterior of the unit shall cause the unit to be repaired or rebuilt to the extent necessary to restore its exterior appearance. If that person fails within a reasonable period of time to effect the repairs or rebuilding, the association may purchase the unit at its fair market value to be determined by an independent appraiser selected by the association.    Cross References. Section 5307 is referred to in section 5102 of this title.
68 PA Cons Stat § 5308 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 53 - Management of Planned Community|Section 5308 - Meetings

§ 5308. Meetings. The bylaws shall require that meetings of the association be held at least once each year and shall provide for special meetings. The bylaws shall specify which of the association's officers, not less than ten nor more than 60 days in advance of any meeting, 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 unit owner. 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 unit owners, any proposal to remove a director or officer.    Cross References. Section 5308 is referred to in sections 5103, 5310, 5322 of this title.
68 PA Cons Stat § 5309 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 53 - Management of Planned Community|Section 5309 - Quorums

§ 5309. Quorums. (a) Association.--Unless the bylaws provide otherwise, a quorum is 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 specify a larger percentage, a quorum is deemed present throughout any meeting of the executive board if persons entitled to cast 50% of the votes on the board are present at the beginning of the meeting.    Cross References. Section 5309 is referred to in sections 5103, 5222, 5322 of this title.
68 PA Cons Stat § 5313 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 53 - Management of Planned Community|Section 5313 - Surplus funds

§ 5313. Surplus funds.  Any amounts accumulated from assessments for limited common expenses and income from the operation of limited common elements to which those limited common expenses pertain in excess of the amount required for actual limited common expenses and reserves for future limited common expenses shall be credited to each unit assessed for a share of those limited common expenses in proportion to the share of those limited common expenses so assessed. These credits shall be applied, unless the declaration provides otherwise, to the next monthly assessments of limited common expenses against that unit under the current fiscal year's budget and thereafter until exhausted. Any amounts accumulated from assessments for general common expenses and income from the operation of the common elements, other than limited common elements with regard to which limited common expenses are assessed, in excess of the amount required for actual general common expenses and reserves for future general common expenses shall be credited to each unit in accordance with that unit's interests in common elements. These credits shall be applied, unless the declaration provides otherwise, to the next monthly assessments of general common expenses against the unit under the current fiscal year's budget and thereafter until exhausted.    Cross References. Section 5313 is referred to in sections 5315, 5407 of this title.
68 PA Cons Stat § 5314 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 53 - Management of Planned Community|Section 5314 - Assessments for common expenses

§ 5314. Assessments for common expenses.   (a) General rule.--Until the association makes a common expense assessment, the declarant shall pay all the expenses of the planned community. After any assessment has been made by the association, assessments shall be made at least annually, based on a budget adopted at least annually by the association. The budgets of the association shall segregate limited common expenses from general common expenses if and to the extent appropriate.  (b) Allocation and interest.--Except for assessments under subsection (c), all common expenses shall be assessed against all the units in accordance with the common expense liability allocated to each unit in the case of general common expenses and in accordance with subsection (c) in the case of special allocation of expenses. Any past due assessment or installment thereof shall bear interest at the rate established by the association at not more than 15% per year.  (c) Special allocations of expenses.--Except as provided by the declaration: (1) Any common expense associated with the maintenance, repair or replacement of a limited common element shall be assessed in equal shares against the units to which that limited common element was assigned at the time the expense was incurred. (2) Any common expense benefiting fewer than all of the units shall be assessed exclusively against the units benefited. (3) The costs of insurance shall be assessed in proportion to risk, and the costs of utilities that are separately metered to each unit shall be assessed in proportion to usage. (4) If a common expense is caused by the negligence or misconduct of any unit owner, the association may assess that expense exclusively against his unit.  (d) Reallocation.--If common expense liabilities are reallocated, common expense assessments and any installment thereof not yet due shall be recalculated in accordance with the reallocated common expense liabilities.    Cross References. Section 5314 is referred to in sections 5102, 5103, 5312, 5315 of this title.
68 PA Cons Stat § 5316 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 53 - Management of Planned Community|Section 5316 - Association records

§ 5316. Association records. (a) Financial records.--The association shall keep financial records sufficiently detailed to enable the association to comply with section 5407 (relating to resales of units). All financial and other records shall be made reasonably available for examination by any unit owner and authorized agents.  (b) Annual financial statements.--Within 180 days after the close of its fiscal year, the association in any planned community having more than 12 units or subject to any rights under section 5215 (relating to subdivision or conversion of units) or 5211 (relating to conversion and expansion of flexible planned communities) shall prepare annual financial statements consisting of at least a balance sheet and a statement of revenues and expenses for the association. The cost of preparing the financial statements shall be a common expense. Each unit owner shall be entitled to receive from the association, within 30 days after submitting a written request to the association, a copy of the annual financial statements and, if such financial statements are audited, reviewed or compiled by an independent certified public accountant or independent public accountant, a copy of the independent accountant's report on the financial statements. The association may charge a fee not to exceed the cost of producing copies of records other than the financial statement.  (c) Filing of complaints.--If an association subject to subsection (a) fails to provide a copy of the annual financial statements and, if applicable, the report of an independent accountant as required under subsection (b) to the requesting unit owner within 30 days of the unit owner's written request or if the financial records of the association which substantiate an association's financial statements are not made reasonably available by any association for examination by any unit owner and authorized agents, the unit owner may file a complaint with the Bureau of Consumer Protection in the Office of Attorney General.    Cross References. Section 5316 is referred to in sections 5103, 5102, 5322 of this title.
68 PA Cons Stat § 5317 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 53 - Management of Planned Community|Section 5317 - Association as trustee

§ 5317. Association as trustee.  With respect to a third person dealing with the association in the association's capacity as a trustee, 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 § 5319 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 68 - REAL AND PERSONAL PROPERTY|Chapter 53 - Management of Planned Community|Section 5319 - Other liens affecting planned community

§ 5319. Other liens affecting planned community.   (a) General rule.--Except as provided in subsection (b), a judgment for money against the association, if and when the judgment has been perfected as a lien on real property, is not a lien on the common facilities but is a lien in favor of the judgment lienholder against all of the units in the planned community at the time the judgment was entered. No other property of a unit owner is subject to the claims of creditors of the association.  (b) Security interest in common facilities.--If the association has granted a security interest in the common facilities to a creditor of the association under section 5318 (relating to conveyance or encumbrance of common facilities), the holder of that security interest shall exercise its right against the common facilities before its judgment lien on any unit may be enforced.  (c) Release upon payment of unit owner's share.--Whether perfected before or after the creation of the planned community, if a lien other than a deed of trust or mortgage, including a judgment lien or lien attributable to work performed or materials supplied before creation of the planned community, becomes effective against two or more units, the unit owner of an affected unit may pay to the lienholder the amount of the lien attributable to his unit; and the lienholder, upon receipt of payment, promptly shall deliver a release of the lien covering that unit. The amount of the payment shall be proportionate to the ratio which that unit owner's common expense liability bears to the common expense liabilities of all unit owners whose units are subject to the lien. After payment, the association may not assess or have a lien against that unit owner's unit for any portion of the common expenses incurred in connection with that lien.  (d) Indexing of judgments.--A judgment against the association shall be indexed in the name of the planned community and the association and, when so indexed, is notice of the lien against the units.    Cross References. Section 5319 is referred to in section 5102 of this title.