Pennsylvania HB 1174: An Act amending Title 68 (Real and Personal Property) of the Pennsylvania Consolidated Statutes, in management of the condominium, further providing for meetings; in management of cooperatives, further providing for meetings; and, in management of planned community, further providing for meetings.

Bill Text

PRINTER'S NO. 1311
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1174
Session of
2025
INTRODUCED BY WEBSTER, STAATS, GAYDOS, GIRAL, BURGOS, MADDEN,
OTTEN, SANCHEZ, HILL-EVANS, PROBST, HANBIDGE, NEILSON AND
CERRATO, APRIL 9, 2025
REFERRED TO COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT,
APRIL 9, 2025
AN ACT
Amending Title 68 (Real and Personal Property) of the
Pennsylvania Consolidated Statutes, in management of the
condominium, further providing for meetings; in management of
cooperatives, further providing for meetings; and, in
management of planned community, further providing for
meetings.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 3308, 4308 and 5308 of Title 68 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 3308. Meetings.
(a) Timing and notice.--The bylaws must require that
meetings of the association be held at least once each year and
provide for special meetings. The bylaws must specify which of
the association's officers, not less than [ten nor more than 60]
21 days in advance of any annual or regularly scheduled 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.
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Notice of any other meeting of the association may be provided
by the association's officers not less than ten nor more than 60
days in advance of the meeting. The notice of a meeting may be
delivered by electronic means if the unit owner has agreed in
writing to accept the notice by electronic means or where the
bylaws permit electronic notices. 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 an executive board member or
officer. In the event of cancellation of an annual meeting of
the unit owners' association at which directors are elected, the
notice of a subsequent meeting scheduled to elect the directors
shall include a statement that the meeting is scheduled for the
purpose of the election of directors.
(b) Delivery of notice.--The bylaws must require that notice
of virtual meetings of the association be given by:
(1) First class or express mail, postage prepaid, or
courier service, charges prepaid, to the mailing address of
each unit or to any other mailing address designated in
writing by the unit owner. Notice under this paragraph shall
be deemed to have been given to a unit owner when deposited
in the United States mail or with a courier service for
delivery to the unit owner and certified in writing by the
appointed officer or an agent thereof as having been
delivered.
(2) Facsimile transmission, e-mail or other electronic
communication to the unit owner's facsimile number or address
for e-mail or other electronic communications supplied by the
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unit owner, provided that the unit owner has agreed in
writing to accept the notice by electronic means or where the
bylaws expressly permit means of delivering electronic
notice. Notice under this paragraph shall be deemed to have
been given to the unit owner when sent and certified in
writing by the appointed officer or an agent thereof as
having been sent.
(c) Use of remote technology.--Except as otherwise provided
in the bylaws, an individual may participate in a meeting of the
executive board or association by means of a conference
telephone or other remote electronic technology, including the
Internet, which allows participants in the meeting to hear each
other. Participation in a meeting as authorized under this
subsection shall be deemed in-person attendance at the meeting.
(d) Pre-election sessions.--The bylaws must require that, in
the event that there are more candidates than open positions on
the executive board, then, upon request of one or more of the
candidates, the association shall hold a special session at
least seven days before the election of an executive board
member to allow the unit owners to meet each candidate for an
executive board position. Each candidate for an executive board
position shall have equal time to address the unit owners during
a special session under this subsection.
(e) Recorded meeting.--Unless the bylaws provide otherwise,
[meetings] a meeting of the association required to be open
under subsection (g) may be recorded by the executive board or
any unit owner via audio or video technology, provided that an
announcement is made by the presiding officer and any recording
unit owner at the commencement of the meeting that the meeting
will be recorded. A recorded meeting under this subsection shall
20250HB1174P