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.

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
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be maintained and available to unit owners for a period of no
less than six months after the date of the meeting. The
executive board or subcommittee, or other committee of the
executive board conducting the meeting, may adopt rules
governing the placement and use of equipment necessary for
recording a meeting to prevent interference with the
proceedings.
(f) Executive board meetings.--
(1) The executive board or a subcommittee, or other
committee of the executive board, may convene in executive
session to:
(i) consider personnel matters;
(ii) consult with legal counsel;
(iii) discuss and consider contracts, probable or
pending litigation and matters involving violations of
the condominium instruments or rules and regulations
promulgated pursuant to such condominium instruments for
which a unit owner, the unit owner's family members,
tenants, guests or other invitees are responsible; or
(iv) discuss and consider the personal liability of
unit owners to the unit owners' association upon the
affirmative vote in an open meeting to assemble in
executive session.
(2) The motion shall state specifically the purpose for
the executive session. Reference to the motion and the stated
purpose for the executive session shall be included in the
minutes. The executive board shall restrict the consideration
of matters during the executive session to only those
purposes specifically exempted and stated in the motion.
(3) No contract, motion or other action adopted, passed
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or agreed to in executive session shall become effective
unless the executive board or subcommittee, or other
committee of the executive board following the executive
session, reconvenes in open meeting and takes a vote on the
contract, motion or other action, which shall have its
substance reasonably identified in the open meeting.
(4) The requirements of this subsection shall not be
construed to require the disclosure of information in
violation of law.
(g) Executive board meeting access and notice.--
(1) Except as otherwise provided in the condominium
instruments, this subsection shall apply to an executive
board meeting at which business of the unit owners'
association is transacted or discussed. A meeting of the unit
owners' association or the executive board, including a
subcommittee or other committee of the association or board,
shall be open to all unit owners of record. The executive
board may not use a work session or other informal gathering
of the executive board to circumvent the open meeting
requirements of this section.
(2) Notice of the time, date and place of a meeting of
the executive board, or of a subcommittee or other committee
of the executive board, and of each meeting of a subcommittee
or other committee of the unit owners' association, shall be
published where it is reasonably calculated to be available
to a majority of the unit owners.
(3) A unit owner may make a request to be notified on a
continual basis of any meeting, which request shall be made
at least once a year in writing and include the unit owner's
name, address, zip code and any email address, as
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appropriate. Notice of the time, date and place shall be sent
to any unit owner requesting notice by first class mail, or
email in the case of a meeting of the executive board, or by
email in the case of a meeting of a subcommittee or other
committee of the executive board or of a subcommittee or
other committee of the unit owners' association.
(4) Notice, reasonable under the circumstances, of a
special or emergency meeting shall be given contemporaneously
with the notice provided to members of the executive board or
a subcommittee or other committee of the board or
subcommittee or other committee of the unit owners'
association conducting the meeting.
(5) Voting by secret or written ballot in an open
meeting is a violation of this section, except for the
election of officers.
(h) Unit owner comments.--
(1) Subject to reasonable rules adopted by the executive
board, the executive board shall provide a designated period
during a meeting to allow unit owners an opportunity to
comment on any matter relating to the unit owners'
association.
(2) During a meeting at which the agenda is limited to
specific topics, or at a special meeting, the executive board
may limit the comments of unit owners to the topics listed on
the meeting agenda.
§ 4308. Meetings.
(a) Timing and notice.--A meeting of the association must be
held at least once each year. Special meetings of the
association may be called by the president, a majority of the
executive board or by 20%, or any lower percentage specified in
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the bylaws, of the proprietary lessees. Not less than [ten nor
more than 60] 21 days in advance of any annual or regularly
scheduled meeting, the secretary or other officer specified in
the bylaws 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 proprietary lessee. Notice of any other meeting shall be
delivered by the secretary or other officer specified in the
bylaws 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 the proprietary
lessees, any proposal to remove an executive board member or
officer. In the event of cancellation of an annual meeting of
the 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 proprietary lessee. Notice under this
paragraph shall be deemed to have been given to a proprietary
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lessee when deposited in the United States mail or with a
courier service for delivery to the proprietary lessee and
certified in writing by the secretary or an agent thereof as
having been delivered.
(2) Facsimile transmission, e-mail or other electronic
communication to the proprietary lessee's facsimile number or
address for e-mail or other electronic communications
supplied by the proprietary lessee, 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 proprietary lessee
when sent and certified in writing by the secretary 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 prior to the election of an executive board
member to allow the proprietary lessees to meet each candidate
for an executive board position. Each candidate for an executive
board position shall have equal time to address the proprietary
lessees during a special session under this subsection.
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(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 proprietary lessee via audio or video technology, provided
that an announcement is made by the presiding officer and any
recording proprietary lessee at the commencement of the meeting
that the meeting will be recorded. A recorded meeting under this
subsection shall be maintained and available to proprietary
lessees for a period of no less than six months after the date
of the meeting. The executive board or subcommittee, or other
committee of the executive board conducting the meeting, may
adopt rules governing the placement and use of equipment
necessary for recording a meeting to prevent interference with
the proceedings.
(f) Executive board meetings.--
(1) The executive board or a subcommittee, or other
committee of the executive board, may convene in executive
session to:
(i) consider personnel matters;
(ii) consult with legal counsel;
(iii) discuss and consider contracts, probable or
pending litigation and matters involving violations of
the cooperative instruments or rules and regulations
promulgated pursuant to such cooperative instruments for
which a proprietary lessee, the proprietary lessee's
family members, tenants, guests or other invitees are
responsible; or
(iv) discuss and consider the personal liability of
proprietary lessees to the association upon the
affirmative vote in an open meeting to assemble in
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executive session.
(2) The motion shall state specifically the purpose for
the executive session. Reference to the motion and the stated
purpose for the executive session shall be included in the
minutes. The executive board shall restrict the consideration
of matters during the executive session to only those
purposes specifically exempted and stated in the motion.
(3) No contract, motion or other action adopted, passed
or agreed to in executive session shall become effective
unless the executive board or subcommittee, or other
committee of the executive board following the executive
session, reconvenes in open meeting and takes a vote on the
contract, motion or other action, which shall have its
substance reasonably identified in the open meeting.
(4) The requirements of this subsection shall not be
construed to require the disclosure of information in
violation of law.
(g) Executive board meeting access and notice.--
(1) Except as otherwise provided in the cooperative
instruments, the provisions of this subsection shall apply to
executive board meetings at which business of the association
is transacted or discussed. All meetings of the association
or the executive board, including a subcommittee or other
committee of the association or board, shall be open to all
proprietary lessees of record. The executive board may not
use a work session or other informal gathering of the
executive board to circumvent the open meeting requirements
of this section.
(2) Notice of the time, date and place of a meeting of
the executive board, or of a subcommittee or other committee
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of the executive board, and of each meeting of a subcommittee
or other committee of the association, shall be published
where it is reasonably calculated to be available to a
majority of the unit proprietary lessees.
(3) A proprietary lessee may make a request to be
notified on a continual basis of any meeting, which request
shall be made at least once a year in writing and include the
proprietary lessee's name, address, zip code and any email
address, as appropriate. Notice of the time, date and place
shall be sent to a proprietary lessee requesting notice by
first class mail, or email in the case of a meeting of the
executive board, or by email in the case of a meeting of a
subcommittee or other committee of the executive board or of
a subcommittee or other committee of the association.
(4) Notice, reasonable under the circumstances, of a
special or emergency meeting shall be given contemporaneously
with the notice provided to members of the executive board or
a subcommittee or other committee of the board or
subcommittee or other committee of the association conducting
the meeting.
(5) Voting by secret or written ballot in an open
meeting is a violation of this section, except for the
election of officers.
(h) Proprietary lessee comments.--
(1) Subject to reasonable rules adopted by the executive
board, the executive board shall provide a designated period
during a meeting to allow proprietary lessees an opportunity
to comment on any matter relating to the association.
(2) During a meeting at which the agenda is limited to
specific topics, or at a special meeting, the executive board
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may limit the comments of proprietary lessees to the topics
listed on the meeting agenda.
§ 5308. Meetings.
(a) Timing and notice.--The bylaws shall require that
meetings of the association be held at least once each year and
shall provide for special meetings. The bylaws shall 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. Notice of any other meeting shall be delivered in this
manner 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 a director 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
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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
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 each participant 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
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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
be maintained and available to unit owners for a period of no
less than six months after the date of the meeting. The
executive board or subcommittee, or other committee of the
executive board conducting the meeting, may adopt rules
governing the placement and use of equipment necessary for
recording a meeting to prevent interference with the
proceedings.
(f) Executive board meetings.--
(1) The executive board or a subcommittee, or other
committee of the executive board, may convene in executive
session to:
(i) consider personnel matters;
(ii) consult with legal counsel;
(iii) discuss and consider contracts, probable or
pending litigation and matters involving violations of
the community instruments or rules and regulations
promulgated pursuant to such community instruments for
which a unit owner, the unit owner's family members,
tenants, guests or other invitees are responsible; or
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(iv) discuss and consider the personal liability of
unit owners to the unit owners' association upon the
affirmative vote in an open meeting to assemble in
executive session.
(2) The motion shall state specifically the purpose for
the executive session. Reference to the motion and the stated
purpose for the executive session shall be included in the
minutes. The executive board shall restrict the consideration
of matters during the executive session to only those
purposes specifically exempted and stated in the motion.
(3) No contract, motion or other action adopted, passed
or agreed to in executive session shall become effective
unless the executive board or subcommittee, or other
committee of the executive board following the executive
session, reconvenes in open meeting and takes a vote on the
contract, motion or other action, which shall have its
substance reasonably identified in the open meeting.
(4) The requirements of this subsection shall not be
construed to require the disclosure of information in
violation of law.
(g) Executive board meeting access and notice.--
(1) Except as otherwise provided in the community
instruments, this subsection shall apply to an executive
board meeting at which business of the unit owners'
association is transacted or discussed. A meeting of the unit
owners' association or the executive board, including a
subcommittee or other committee of the association or board,
shall be open to all unit owners of record. The executive
board may not use a work session or other informal gathering
of the executive board to circumvent the open meeting
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requirements of this section.
(2) Notice of the time, date and place of a meeting of
the executive board, or of a subcommittee or other committee
of the executive board, and of each meeting of a subcommittee
or other committee of the unit owners' association, shall be
published where it is reasonably calculated to be available
to a majority of the unit owners.
(3) A unit owner may make a request to be notified on a
continual basis of any meeting, which request shall be made
at least once a year in writing and include the unit owner's
name, address, zip code and any email address, as
appropriate. Notice of the time, date and place shall be sent
to any unit owner requesting notice by first class mail, or
email in the case of a meeting of the executive board, or by
email in the case of a meeting of a subcommittee or other
committee of the executive board or of a subcommittee or
other committee of the unit owners' association.
(4) Notice, reasonable under the circumstances, of a
special or emergency meeting shall be given contemporaneously
with the notice provided to members of the executive board or
a subcommittee or other committee of the board or
subcommittee or other committee of the unit owners'
association conducting the meeting.
(5) Voting by secret or written ballot in an open
meeting is a violation of this section, except for the
election of officers.
(h) Unit owner comments.--
(1) Subject to reasonable rules adopted by the executive
board, the executive board shall provide a designated period
during a meeting to allow unit owners an opportunity to
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comment on any matter relating to the unit owners'
association.
(2) During a meeting at which the agenda is limited to
specific topics, or at a special meeting, the executive board
may limit the comments of unit owners to the topics listed on
the meeting agenda.
Section 2. This act shall take effect in 60 days.
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