legislative briefing


What’s Going on Legislavely in 2016? Edward Homan, Jr., Esq., Barrow | Homan


CAI’s Pennsylvania Legislave Acon Commiee (PA LAC) has been hard at work promong the interests of community associaons throughout Pennsylvania. Below are some key things to look for in 2016:


Mankowka. The LAC is sll working on a legislave


soluon to the opinion issued by the United States Court of Appeals for the Third Circuit in the maer of In re Kelly L. Mankowka. In a nutshell, the Mankowka Court held that the lien for assessments created by Secon 5315 of the UPCA can only be preserved, for statute of limitaon purposes, by an in rem foreclosure acon, and, as a result, the associaon’s ling of a lawsuit against the unit owner for a personal judgment was insucient to toll the three year statute of limitaons for enforcement of the associaon’s statutory lien. As a result, in the context of bankruptcy, the statutory lien for assessments which accrue more than three years prior to the ling of a bankruptcy is unenforceable outside the realm of a foreclosure acon. House Bill 1340 was introduced to propose amendments to the pernent secons of the common interest community statutes in an aempt to deal with Mankowka. Bill 1340 was adopted in the House on June 30, 2015 and has become bogged down among legislave bickering between the House and Senate. CAI hopes the Bill will be signed into law this year.


Data Transparency. PA LAC is supporng legislaon pertaining to the collecon of data including informaon such as name, physical locaon, land area, lot size, number of units, locaon, infrastructure age, and arcles of incorporaon or other non-prot organizaon registraon informaon led with the Department of State. Senate Bill 855 has been introduced but has not seen acon as of yet.


Recorder of Deeds Fees. PA LAC is seeking to legislavely x the “per lot” or “per unit” fees that are associated with recording governing document amendments with the recorder of deeds in about a third of Pennsylvania Counes. As a result of these fees, some community associaons have been forced to pay thousands of dollars to record a simple amendment to the declaraon. To x this, an amendment to the “Amendment of declaraon” secons of the pernent statutes (UCA- Secon 3219; UPCA – Secon 5219) that would provide for a statewide standard for fees related to recording declaraon amendments. The goal would be to eliminate a “per lot” or “per unit” recording fee for any county that requires indexing the declaraon amendment by reference to each uniform parcel idener number assigned to the all the units within the community – in other words, no “per lot” or “per unit” recording fees would be permied for a declaraon amendment; the only recording fee that would be permied would be for indexing the declaraon amendment in the name of the planned community in both the grantor and grantee index. PA LAC has worked very hard on this issue, resulng in the introducon of House Bill 1101. CAI is opmisc that a hearing on the Bill will occur in the Spring.


Ombudsman legislaon and / or ADR program. PA LAC is working to ensure that legislaon which mandates that an Ombudsman / ADR program be ulized in a community associaon dispute between an owner and the associaon is favorable to our industry. House Bill 1744 has been introduced and the LAC is working with the House Urban Aairs Commiee on amendments. A hearing will be held in the Poconos on April 20, 2016.


Private Dams. Representave Rosemary M. Brown (R-Monroe / Pike) sponsored House Bill 1712, the Private Dams Financial Assurance Act. This Act


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PA-LAC THANKS


OUR GENEROUS SPONSORS GOVERNOR


Steven L. Sugarman & Associates Eagle Lake Community Associaon


SENATOR Clemons Richter & Reiss, P.C.


Greater Philadelphia Condo Managers Associaon Hamburg, Rubin, Mullin, Maxwell & Lupin Landis & Setlzer, P.C.


REPRESENTATIVE


Community Management Services Group F. David Sylvester & Associates Howard Terreri, Esq.


COMMUNITY ASSOCIATION DONORS 2100 Bryn Mawr Place


Big Bass Lake Community Assn


Birmingham Hunt Community Associaon Blue Bell Country Club Community Associaon Blue Bell Woods


Brandywine at Thornbury Ellington Condominium Hemlock Farms


Heritage Creek Community Associaon Hershey's Mill HOA Hopkinson House Lake Latonka POA Long Meadow


Morgandale Condo Associaon Olde Colonial Greene PineCrest


Pocono Pines Community Associaon Remington Oaks


River's Edge Condominium The Village at Jeerson Timber Trails Community Associaon Tradions at Washington Crossing Village at Upstream Farms Village Grande at Millers Run Villas of Lamplighter Village Wallenpaupack Lake Estates


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