PRINTER'S NO. 2094
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1736
Session of
2023
INTRODUCED BY RADER, OCTOBER 3, 2023
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 3, 2023
AN ACT
Amending Title 68 (Real and Personal Property) of the
Pennsylvania Consolidated Statutes, in creation, alteration
and termination of condominiums, further providing for
amendment of declaration; in creation, alteration and
termination of cooperatives, further providing for amendment
of declaration; and, in creation, alteration and termination
of planned communities, further providing for amendment of
declaration.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 3219(a)(1), 4216(a) and 5219(a)(1) of
Title 68 of the Pennsylvania Consolidated Statutes are amended
to read:
§ 3219. Amendment of declaration.
(a) Number of votes required.--
(1) The declaration, including the plats and plans, may
be amended only by vote or agreement of unit owners of units
to which at least:
(i) sixty-seven percent of the votes [in the
association are allocated] collected are in favor;
(ii) any larger majority of the votes as specified
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in the declaration [specifies]; or
(iii) a smaller number of the votes as specified in
the declaration if all of the units are restricted
exclusively to nonresidential use.
* * *
§ 4216. Amendment of declaration.
(a) Number of votes required.--Except in cases of amendments
that may be executed by a declarant under section 4209 (relating
to exercise of development rights), the association under
section 4107 (relating to eminent domain), 4206(c) (relating to
leasehold cooperatives), 4208(c) (relating to limited common
elements), 4211(a) (relating to relocation of boundaries between
adjoining units) or 4212 (relating to subdivision of units), the
executive board of the association under subsection (f) or
certain proprietary lessees under section 4208(b), 4211(a),
4212(b) or 4217(b) (relating to termination of cooperative
ownership), and except as limited by subsection (d) and section
4218 (relating to rights of secured lenders and secured
creditors), the declaration may be amended only by vote or
agreement of proprietary lessees of cooperative interests to
which at least [67% of the votes in the association are
allocated or]:
(1) sixty-seven percent of the votes collected are in
favor;
(2) any larger majority of the votes as specified in the
declaration [specifies. The declaration may specify]; or
(3) a smaller number of votes only if all of the units
are restricted exclusively to nonresidential use.
* * *
§ 5219. Amendment of declaration.
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(a) Number of votes required.--
(1) The declaration, including the plats and plans, may
be amended only by vote or agreement of unit owners of units
to which at least:
(i) 67% of the votes [in the association are
allocated] collected are in favor; [or]
(ii) a larger percentage of the votes in the
association as specified in the declaration; or
(iii) a smaller percentage of the votes in the
association as specified in the declaration if all units
are restricted exclusively to nonresidential use.
* * *
Section 2. This act shall take effect in 60 days.
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