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Rights of secured lenders - 68 Pa. Cons. Stat. § 3221Legal Research Home > Pennsylvania Statutes
§ 3221. 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:
(1) deny or delegate control over the general
administrative affairs of the association by the unit owners
or the executive board; or
(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 pursuant to section 3312 (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 actions specified in the notice. Written notice to
the secured lender shall be given by certified, registered or
first-class mail, as evidenced by 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
and 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.
(Dec. 18, 1992, P.L.1279, No.168, eff. 45 days; Nov. 30, 2004,
P.L.1509, No.191, eff. 60 days)
Cross References. Section 3221 is referred to in section
3219 of this title.
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Last modified: November 27, 2007 |