LauraP3 (Pennsylvania)
Posts: 2
Posts: 2
Posted:
Background-Pennsylvania HOA established 1992. Phase 1 completed and bylaws and CC&Rs recorded. Second builder completed Phase 2 building units and the common facilities that were for both associations in 1996 and established a Condo Assoc which then deeded the common facilities back to the HOA and stated in their declaration that the HOA was the Master Association for the common facilities. No amendments were created in HOA bylaws to identify the Board or the Rules and Regs of the Master Association at that time of transfer which seems like a huge oversight. There are only two incorporated entities.
Per Bylaws The HOA BoD is made up of 5 unit owners of the HOA and have managed both the HOA and the common facilities (Master) since then assessing the operation and reserve fees to all members in both communities. Contracts and funds are clearly separated.
We believe that a separate BoD in the HOA Bylaws limited to the Master responsibilities and including members from the Condo Assoc is a fairer way and will help share the workload needed.
The legal question. The HOA is grandfathered from several parts of PA Title 68 but if changes are made to specific sections then the statute kicks in. Would an approved amendment in the HOA bylaws for a separate BoD for the Common Facilities activate all statutes related to the Master Assoc or does this only happen if the Master Association is a separate incorporated entity.
Any help is appreciated. Thanks!
Per Bylaws The HOA BoD is made up of 5 unit owners of the HOA and have managed both the HOA and the common facilities (Master) since then assessing the operation and reserve fees to all members in both communities. Contracts and funds are clearly separated.
We believe that a separate BoD in the HOA Bylaws limited to the Master responsibilities and including members from the Condo Assoc is a fairer way and will help share the workload needed.
The legal question. The HOA is grandfathered from several parts of PA Title 68 but if changes are made to specific sections then the statute kicks in. Would an approved amendment in the HOA bylaws for a separate BoD for the Common Facilities activate all statutes related to the Master Assoc or does this only happen if the Master Association is a separate incorporated entity.
Any help is appreciated. Thanks!