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Powers of unit owners' association - 68 Pa. Cons. Stat. § 3302

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     § 3302.  Powers of unit owners' association.
        (a)  General rule.--Subject to the provisions of the
     declaration, the association, even if unincorporated, may:
            (1)  Adopt and amend bylaws and rules and regulations.
            (2)  Adopt and amend budgets for revenues, expenditures
        and reserves and collect assessments for common expenses from
        unit owners.
            (3)  Hire and terminate managing agents and other
        employees, agents and independent contractors.
            (4)  Institute, defend or intervene in litigation or
        administrative proceedings or engage in arbitrations or
        mediation in its own name on behalf of itself or two or more
        unit owners on matters affecting the condominium.
            (5)  Make contracts and incur liabilities.
            (6)  Regulate the use, maintenance, repair, replacement
        and modification of common elements, and to make reasonable
        accommodations or permit reasonable modifications to be made
        to units, the limited common elements or the common elements
        to accommodate handicapped, as defined by prevailing Federal,
        State or local statute, regulations, code or ordinance, unit
        owners, residents, tenants or employees.
            (7)  Cause additional improvements to be made as a part
        of the common elements.
            (8)  (i)  Acquire, hold, encumber and convey in its own
        name any right, title, or interest to real or personal
        property other than common elements; and
                (ii)  convey or subject to a security interest common
            elements only pursuant to the provisions of section 3318
            (relating to conveyance or encumbrance of common
            elements).
            (9)  Grant easements, leases, licenses and concessions
        through or over the common elements, but any such easement,
        lease, license or concession:
                (i)  that is not for the benefit of all or
            substantially all of the unit owners shall not be granted
            without the same unit owner approval that is required for
            an amendment to the declaration; or
                (ii)  that materially impairs any right or benefit
            that one or more unit owners may have with respect to the
            common elements shall not be granted without the prior
            written approval of those unit owners.
            (10)  Impose and receive any payments, fees or charges
        for the use, rental or operation of the common elements other
        than limited common elements described in section 3202(2) and
        (4) (relating to unit boundaries).
            (11)  Impose charges for late payment of assessments and,
        after notice and an opportunity to be heard, levy reasonable
        fines for violations of the declaration, bylaws and rules and
        regulations of the association.
            (12)  Impose reasonable charges for the preparation and
        recordation of amendments to the declaration, resale
        certificates required by section 3407 (relating to resales of
        units) or statements of unpaid assessments. In addition, the
        association may impose a capital improvement fee, but no
        other fees, on the resale or transfer of units in accordance
        with the following:
                (i)  The capital improvement fee for any unit shall
            not exceed the annual assessments for general common
            expense charged to such unit during the most recently
            completed fiscal year of the association, provided that:
                    (A)  in the case of resale or transfer of a unit
                consisting of unimproved real estate, the capital
                improvement fee shall not exceed one-half of the
                annual assessments for general common expenses
                charged to such unit during the most recently
                completed fiscal year of the association;
                    (B)  in the case of resale or transfer of a unit
                which was created or added to the condominium in
                accordance with section 3211 (relating to the
                conversion and expansion of flexible condominiums) at
                some time during the most recently completed fiscal
                year of the association but was not in existence for
                the entire fiscal year, the capital improvement fee
                shall not exceed one-half of the annual assessments
                for general common expenses charged to a unit
                comparable to such unit during the most recently
                completed fiscal year of the association; and
                    (C)  capital improvement fees are not refundable
                upon any sale, conveyance or any other transfer of
                the title to a unit.
                (ii)  Capital improvement fees allocated by an
            association must be maintained in a separate capital
            account and may be expended only for new capital
            improvements or replacement of existing common elements,
            improvements on the common elements and may not be
            expended for operation, maintenance or other purposes.
                (iii)  No capital improvement fee shall be imposed on
            any gratuitous transfer of a unit between any of the
            following family members: spouses, parent and child,
            siblings, grandparent and grandchild, nor on any transfer
            of a unit by foreclosure sale or deed in lieu of
            foreclosure to a secured lending institution as defined
            by the act of December 3, 1959 (P.L.1688, No.621), known
            as the Housing Finance Agency Law.
                (iv)  No fees may be imposed upon any person who:
                    (A)  acquires a unit consisting of unimproved
                real estate and signs and delivers to the association
                at the time of such person's acquisition a sworn
                affidavit declaring the person's intention to
                reconvey such unit within 18 months of its
                acquisition; and
                    (B)  completes such reconveyance within 18
                months.
            (13)  Provide for the indemnification of its officers and
        executive board and maintain directors' and officers'
        liability insurance.
            (14)  Exercise any other powers conferred by the
        declaration or bylaws.
            (15)  Exercise all other powers that may be exercised in
        this Commonwealth by legal entities of the same type as the
        association.
            (16)  Exercise any other powers necessary and proper for
        the governance and operation of the association.
            (17)  Assign its right to future income, including the
        right to receive the payments made on account of common
        expense assessments. Reserve funds held for future major
        repairs and replacements of the common elements may not be
        assigned or pledged.
            (18)  Assign or delegate any powers of the association
        listed in this section to a master association subject to the
        provisions of section 3222 (relating to master associations)
        and accept any assignment or delegation of powers from one or
        more condominiums or other incorporated or unincorporated
        associations.
        (b)  Restriction on limitations in declaration.--
     Notwithstanding subsection (a), the declaration may not impose
     limitations on the power of the association to deal with the
     declarant that are more restrictive than the limitations imposed
     on the power of the association to deal with other persons.
     (Dec. 18, 1992, P.L.1279, No.168, eff. 45 days; Nov. 30, 2004,
     P.L.1509, No.191, eff. 60 days)

        2004 Amendment.  Act 191 amended subsec. (a).
        Cross References.  Section 3302 is referred to in sections
     3102, 3222, 3315 of this title.

Last modified: November 27, 2007