Court Opinions

State Laws

US Code

US Constitution

Declarant delivery of items to association - 68 Pa. Cons. Stat. § 3320

Legal Research Home > Pennsylvania Statutes

     § 3320.  Declarant delivery of items to association.
        Except as set forth in paragraph (9), not later than 60 days
     after the required termination of the period of declarant
     control pursuant to section 3303(c) (relating to executive board
     members and officers) or the declarant's earlier voluntary
     termination of control, the declarant shall deliver to the
     association all property of the unit owners and of the
     association held by or controlled by the declarant, including,
     without limitation, all of the following items, if applicable,
     as to each condominium or other owners' association operated by
     the association:
            (1)  The original or a certified copy or a photocopy of
        the recorded declaration and all amendments thereto. If a
        photocopy is delivered, such photocopy shall reflect the
        recording information and shall be accompanied by an
        affidavit executed by the declarant certifying such photocopy
        to be a true, correct and complete copy of the actual
        recorded declaration and all amendments thereto.
            (2)  The association articles of incorporation, if
        incorporated, with evidence of filing with the Department of
        State.
            (3)  A copy of the bylaws.
            (4)  A complete set of all executive board minutes and
        resolutions and all other books and records of the
        association.
            (5)  A complete copy of all rules and regulations that
        may have been adopted.
            (6)  Copies of all Federal, State and local tax returns
        filed by or on behalf of the association and copies of any
        tax-exempt elections made by or on behalf of the association.
            (7)  Copies of all past and current budgets of the
        association.
            (8)  Resignations of officers and members of the
        executive board who are required to resign because the
        declarant is required to relinquish or has relinquished
        control of the association.
            (9)  Not later than 90 days after the required
        termination of the period of declarant control pursuant to
        section 3303(c) or the declarant's earlier voluntary
        termination of control, a complete audit of the finances of
        the association for the time period between the last audit of
        the association's financial books and records and the date of
        termination of the period of declarant control, prepared by
        an independent certified public accountant in accordance with
        generally accepted accounting principles, the costs of which
        audit are to be borne equally by the declarant and the
        association. If the condominium consists of not more than 12
        units, a warranty from the declarant to the association that
        the books and records of the association completely and
        accurately reflect all activities of the association from its
        inception through the date of termination of the period of
        declarant control may be substituted for the audit referred
        to in this paragraph.
            (10)  All association funds or control thereof.
            (11)  All tangible personal property and inventories
        thereof:
                (i)  that may have been represented or should have
            been represented by the declarant in any public offering
            statement, sales materials or other writings to be part
            of the common elements; or
                (ii)  that is otherwise property of the association.
            (12)  A copy of the plans or drawings and specifications,
        if any, utilized in the construction, rehabilitation,
        renovation or remodeling of any buildings and improvements
        within the condominium and in the construction and
        installation of any mechanical components and equipment
        serving the buildings and improvements and property, if and
        to the extent the construction, rehabilitation, renovation,
        remodeling or installation was performed by or on behalf of
        the declarant and substantially completed during the period
        commencing three years prior to the date of the first public
        offering statement regarding the condominium, unless no
        public offering statement is required for any unit in the
        condominium in which event such period shall commence on the
        date of the recordation of the condominium declaration or
        amendment thereto with respect to such improvements, and
        ending on the date by which compliance with this section is
        required. In the event such construction, rehabilitation,
        renovation, remodeling or installation was substantially
        completed within such period but not by or on behalf of the
        declarant, the obligation of the declarant under this
        paragraph shall be to provide all such plans, drawings and
        specifications in the possession of the declarant and to use
        reasonable efforts to obtain and provide any such plans,
        drawings or specifications not within the possession of the
        declarant. If such construction, rehabilitation, renovation,
        remodeling or installation was substantially completed more
        than three years prior to the commencement of the period
        described in this paragraph, the obligations of the declarant
        under this paragraph shall be to provide all such plans,
        drawings and specifications in the possession of the
        declarant. To the extent previously made available to the
        declarant, the declarant in all cases shall deliver to the
        association owners, operating, care and maintenance manuals
        and other information regarding mechanical components and
        equipment serving any buildings and improvements in the
        condominium. A declarant's delivery of any plans, drawings or
        specifications pursuant to this paragraph shall not
        constitute a representation or warranty of the accuracy or
        completeness of such plans, drawings or specifications and
        shall not expand or otherwise affect the declarant's
        warranties created under section 3411 (relating to warranty
        against structural defects).
            (13)  All insurance policies insuring the association
        then in force.
            (14)  Copies of any certificates or statements of
        occupancy which may have been issued with respect to the
        improvements comprising the condominium, if and to the extent
        available.
            (15)  Any other permits issued by governmental bodies
        applicable to the condominium property which are then
        currently in force, all notices of violations of governmental
        requirements then outstanding and uncured and all reports of
        investigations for the presence of hazardous conditions as
        defined in section 3402(a)(26) (relating to public offering
        statement; general provisions).
            (16)  Any written warranties then in force and effect
        from contractors, subcontractors, suppliers or manufacturers
        who have performed work with respect to the condominium
        property or have supplied equipment or services to the
        condominium property.
            (17)  A roster of unit owners and mortgagees and their
        respective addresses and telephone numbers, if known, as
        shown on the declarant's records.
            (18)  Employment contracts in which the association is or
        is to be one of the contracting parties.
            (19)  Service and other contracts and leases in which the
        association is or is to be one of the contracting parties and
        service contracts in which the association has directly or
        indirectly an obligation or a responsibility to pay some or
        all of the fees or charges of the person or persons
        performing such services.
     (Dec. 18, 1992, P.L.1279, No.168, eff. 45 days)

        1992 Amendment.  Act 168 added section 3320.
        Cross References.  Section 3320 is referred to in section
     3222 of this title.

Last modified: November 27, 2007