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                                       PRINTER'S NO. 1451

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No. 1110 Session of 2007

 

        INTRODUCED BY C. WILLIAMS, RAFFERTY, TARTAGLIONE, M. WHITE,
           STOUT, O'PAKE, EARLL, HUGHES AND FONTANA, OCTOBER 15, 2007

        REFERRED TO URBAN AFFAIRS AND HOUSING, OCTOBER 15, 2007

                                     AN ACT

     1  Amending Title 68 (Real and Personal Property) of the
     2     Pennsylvania Consolidated Statutes, providing for the
     3     definition of "property manager"; and further providing for
     4     assessments for common expenses.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Section 3103 of Title 68 of the Pennsylvania
     8  Consolidated Statutes is amended by adding a definition to read:
     9   3103.  Definitions.
    10     The following words and phrases when used in this subpart and
    11  in the declaration and bylaws shall have the meanings given to
    12  them in this section unless specifically provided otherwise or
    13  unless the context clearly indicates otherwise:
    14     * * *
    15     "Property manager."  An individual that meets all of the
    16  following:
    17         (1)  Is one of the following:
    18             (i)  Licensed as a real estate broker under the act
    19         of February 19, 1980 (P.L.15, No.9), known as the Real

     1         Estate Licensing and Registration Act.
     2             (ii)  Licensed under the Real Estate Licensing and
     3         Registration Act and is overseen by an employing licensed
     4         real estate broker.
     5         (2)  Is contracted by a unit owners' association for the
     6     leasing, managing, marketing and overall maintenance of real
     7     property in the condominium.
     8     * * *
     9     Section 2.  Section 3314 of Title 68 is amended by adding a
    10  subsection to read:
    11   3314.  Assessments for common expenses.
    12     * * *
    13     (a.1)  Separate accounts.--The following provisions shall
    14  apply if an association employs a property manager:
    15         (1)  The property manager shall establish and maintain a
    16     separate account that is in the sole name of the association.
    17     Additional accounts may be established in the sole name of
    18     the association to the extent appropriate for the separate
    19     payment of general common expenses and limited common
    20     expenses.
    21         (2)  The property manager shall not commingle the
    22     proceeds of an account of the association with any of the
    23     following:
    24             (i)  The proceeds of any account not in the sole name
    25         of the association that is managed by the property
    26         manager.
    27             (ii)  The proceeds of any account if the property
    28         manager owns an interest in the account.
    29     * * *
    30     Section 3.  Section 4103 of Title 68 is amended by adding a
    20070S1110B1451                  - 2 -     

     1  definition to read:
     2   4103.  Definitions.
     3     Subject to additional definitions contained in subsequent
     4  provisions of this subpart which are applicable to specific
     5  provisions of this subpart, the following words and phrases when
     6  used in this subpart and in the declaration and bylaws shall
     7  have the meanings given to them in this section unless the
     8  context clearly indicates otherwise:
     9     * * *
    10     "Property manager."  An individual that meets all of the
    11  following:
    12         (1)  Is one of the following:
    13             (i)  Licensed as a real estate broker under the act
    14         of February 19, 1980 (P.L.15, No.9), known as the Real
    15         Estate Licensing and Registration Act.
    16             (ii)  Licensed under the Real Estate Licensing and
    17         Registration Act and is overseen by an employing licensed
    18         real estate broker.
    19         (2)  Is contracted by a proprietary lessees' association
    20     for the leasing, managing, marketing and overall maintenance
    21     of real property in the cooperative.
    22     * * *
    23     Section 4.  Section 4314 of Title 68 is amended by adding a
    24  subsection to read:
    25   4314.  Assessments for common expenses.
    26     * * *
    27     (a.1)  Separate accounts.--The following provisions shall
    28  apply if an association employs a property manager:
    29         (1)  The property manager shall establish and maintain a
    30     separate account that is in the sole name of the association.
    20070S1110B1451                  - 3 -     

     1     Additional accounts may be established in the sole name of
     2     the association to the extent appropriate for the separate
     3     payment of general common expenses and limited common
     4     expenses.
     5         (2)  The property manager shall not commingle the
     6     proceeds of an account of the association with any of the
     7     following:
     8             (i)  The proceeds of any account not in the sole name
     9         of the association that is managed by the property
    10         manager.
    11             (ii)  The proceeds of any account if the property
    12         manager owns an interest in the account.
    13     * * *
    14     Section 5.  Section 5103 of Title 68 is amended by adding a
    15  definition to read:
    16   5103.  Definitions.
    17     The following words and phrases when used in this subpart and
    18  in the declaration and bylaws shall have the meanings given to
    19  them in this section unless specifically provided otherwise or
    20  unless the context clearly indicates otherwise:
    21     * * *
    22     "Property manager."  An individual that meets all of the
    23  following:
    24         (1)  Is one of the following:
    25             (i)  Licensed as a real estate broker under the act
    26         of February 19, 1980 (P.L.15, No.9), known as the Real
    27         Estate Licensing and Registration Act.
    28             (ii)  Licensed under the Real Estate Licensing and
    29         Registration Act and is overseen by an employing licensed
    30         real estate broker.
    20070S1110B1451                  - 4 -     

     1         (2)  Is contracted by a unit owners' association for the
     2     leasing, managing, marketing and overall maintenance of real
     3     property in the planned community.
     4     * * *
     5     Section 6.  Section 5314 of Title 68 is amended by adding a
     6  subsection to read:
     7   5314.  Assessments for common expenses.
     8     * * *
     9     (a.1)  Separate accounts.--The following provisions shall
    10  apply if an association employs a property manager:
    11         (1)  The property manager shall establish and maintain a
    12     separate account that is in the sole name of the association.
    13     Additional accounts may be established in the sole name of
    14     the association to the extent appropriate for the separate
    15     payment of general common expenses and limited common
    16     expenses.
    17         (2)  The property manager shall not commingle the
    18     proceeds of an account of the association with any of the
    19     following:
    20             (i)  The proceeds of any account not in the sole name
    21         of the association that is managed by the property
    22         manager.
    23             (ii)  The proceeds of any account if the property
    24         manager owns an interest in the account.
    25     * * *
    26     Section 7.  This act shall take effect in 60 days.
 
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