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Master associations - 68 Pa. Cons. Stat. § 3222Legal Research Home > Pennsylvania Statutes Sponsored Links
§ 3222. Master associations.
(a) Applicability of section.--If the declaration for a
condominium provides that any of the powers described in section
3302 (relating to powers of unit owners' association) with
respect to the condominium are to be exercised by or may be
delegated to a profit or nonprofit corporation or unincorporated
association (a "master association") which exercises those or
other powers on behalf of one or more other condominiums or
other incorporated or unincorporated associations, then, except
as modified by this section, all provisions of this subpart
applicable to unit owners' associations shall apply to any such
master association insofar as its actions affect the
condominium.
(b) Powers.--Unless a master association is acting in the
capacity of an association described in section 3301 (relating
to organization of unit owners' association) with respect to a
condominium which is part of the master association, it may
exercise with respect to the condominium only such powers set
forth in section 3302 and only to the extent expressly permitted
in the declaration of condominium which provides for the
delegation of powers from its condominium association to the
master association and accepted by such master association as
indicated in the provisions of the declaration or other
organizational documents of such master association.
(c) Liability of executive board members and officers.--If
the declaration of a condominium provides that the executive
board may delegate certain powers to a master association, the
members of the executive board have no liability for the acts or
omissions of the master association with respect to those powers
following such delegation. The officers and members of the
governing board of the master association are subject to
liability to the condominium association whose powers are
delegated thereto and the unit owners of such condominium on the
same basis as officers and executive board members of such
condominium immediately before such delegation of powers.
(d) Rights and responsibilities of persons electing
governing body.--The rights and responsibilities of unit owners
with respect to the unit owners' association set forth in
sections 3303 (relating to executive board members and
officers), 3308 (relating to meetings), 3309 (relating to
quorums), 3310 (relating to voting; proxies) and 3320 (relating
to declarant delivery of items to association) apply in the
conduct of the affairs of a master association with respect to
the exercise of powers delegated pursuant to a condominium
declaration to such master association, but apply only to those
persons who elect the governing body of a master association,
whether or not those persons are otherwise unit owners within
the meaning of this subpart.
(e) Election of master association governing body.--
Notwithstanding the provisions of section 3303(e) with respect
to the election of the executive board by all unit owners after
the period of declarant control ends and even if a master
association is also an association described in section 3301,
the instrument creating the master association and the
declaration of each condominium or the organizational documents
of other associations the powers of which are assigned pursuant
to the declaration or organizational documents or delegated to
the master association shall provide that the governing body of
the master association must be elected after the period of
declarant control in any of the following ways:
(1) All unit owners of all condominiums and other
properties subject to the master association elect all
members of the governing body of the master association.
(2) All members of the governing bodies of the
condominium associations and other property owners'
associations subject to the master association elect all
members of the master association governing body.
(3) All unit owners of each condominium and other
property owners' associations subject to the master
association elect specified members of the master association
governing body.
(4) All members of the governing bodies of the
condominiums and other property associations subject to the
master association elect specified members of the master
association governing body.
(f) Delegation of responsibility and authority.--The
provisions of this section shall apply to a condominium if and
when:
(1) there occurs either a date specified in the
declaration or any amendment thereto from and after which
this section shall apply to the condominium;
(2) there occurs an event or action that the declaration
or any amendment thereto states shall cause this section to
become applicable, and the association causes to be recorded
an instrument duly executed by the president of the
association stating that:
(i) such event or action has occurred and the date
of such occurrence, thereby causing this section to
become applicable to the condominium; and
(ii) that a copy of such instrument has been sent to
all unit owners; or
(3) the declarant executes and records an instrument
stating that this section shall thereafter apply to the
condominium and that a copy of such instrument has been sent
to the executive board and all unit owners.
Paragraph (3) shall be applicable only if the declarant shall
have expressly reserved in the declaration, pursuant to section
3205(12) (relating to contents of declaration; all
condominiums), the special declarant right to make this section
applicable to the condominium and only if the instrument
exercising such right shall have been recorded during the time
period allowed for the exercise of such right.
(g) Delegation of all powers.--If all the powers of a
condominium association are delegated to a master association
and accepted by such master association pursuant to subsection
(b), then the governing body of the master association may act
in all respects as the executive board of the condominium and no
separate executive board need be elected or exist.
(Dec. 18, 1992, P.L.1279, No.168, eff. 45 days)
1992 Amendment. Act 168 added section 3222.
Cross References. Section 3222 is referred to in sections
3102, 3103, 3205, 3302 of this title.
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Last modified: November 27, 2007 |