STEFAN RICHTER, ESQ., CCAL | CLEMONS, RICHTER & REISS, P.C.


Unquesonably, among the primary funcons of condominium and homeowners associaons is the “maintenance, repair, and replacement” of common elements. Included among these common element components are associaon amenies such as tennis courts, swimming pools, and play areas. The manner, ming, and extent to which maintenance responsibilies are performed is ordinarily set forth in the declaraon and bylaws (governing documents). While governing documents generally require boards to preserve components in perpetuity, they oer lile direcon or guidance in circumstances when a component is no longer useful or too expensive to maintain. The broad discreon ordinarily vested in boards to maintain, repair, and replace common elements may not, therefore, apply to decisions to remove or delete common elements. Assuring that associaons do not exceed the scope of their authority in making such decisions thus requires a thorough review of the governing documents, and of course, the exercise of reasonable business judgment.


28 |


The extent to which boards are vested with authority to govern is typically set forth in the declaraon or bylaws. An example is as follows:


Secon 1. The Execuve Board shall have and exercise all lawful powers, authority and dues necessary for the proper conduct and the administraon, management and operaon of aairs of the Associaon, and may do or cause to be done all such other lawful acts and things as are not by law, by this Declaraon, by the Bylaws or otherwise, directed or required to be done or exercised by the Unit Owners, or by others. ... including the following.


A. The maintenance, repair, replacement, cleaning, sanitaon, management, operaon and use of the Common Elements and the making of any addions or improvements thereon shall be


the responsibility of the Execuve Board and shall be carried out as provided in this Declaraon and the Bylaws…


This is consistent with Secons 3302(a)(6) and (7) of the Uniform Condominium Act (68 Pa.C.S.A Secon 3101 et seq - the "Act"), which empower associaons to regulate the use, maintenance, repair, and replacement of the common elements, and the making of addional improvements as part of the common elements. The Act specically contemplates these funcons to be performed by an elected board. In relevant part, Secon 3303 of the Act provides as follows:


(a) Powers and duciary status.-- Except as provided in the declaraon, the bylaws, in subsecon (b) or other provisions of this subpart, the execuve board may act in all instances on behalf of the associaon.


(Connued on page 30)


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40