HB 1174 — An Act amending Title 68 (Real and Personal Property) of the Pennsylvania Consolidated Statutes, in management of the condominium, further providing for meetings; in management of cooperatives, further providing for meetings; and, in management of planned community, further providing for meetings.

PRINTER'S NO.   1311

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1174
                                               Session of
                                                 2025

     INTRODUCED BY WEBSTER, STAATS, GAYDOS, GIRAL, BURGOS, MADDEN,
        OTTEN, SANCHEZ, HILL-EVANS, PROBST, HANBIDGE, NEILSON AND
        CERRATO, APRIL 9, 2025

     REFERRED TO COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT,
        APRIL 9, 2025


                                    AN ACT
 1   Amending Title 68 (Real and Personal Property) of the
 2      Pennsylvania Consolidated Statutes, in management of the
 3      condominium, further providing for meetings; in management of
 4      cooperatives, further providing for meetings; and, in
 5      management of planned community, further providing for
 6      meetings.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9      Section 1.    Sections 3308, 4308 and 5308 of Title 68 of the
10   Pennsylvania Consolidated Statutes are amended to read:
11   § 3308.   Meetings.
12      (a)    Timing and notice.--The bylaws must require that
13   meetings of the association be held at least once each year and
14   provide for special meetings. The bylaws must specify which of
15   the association's officers, not less than [ten nor more than 60]
16   21 days in advance of any annual or regularly scheduled meeting,
17   shall cause notice to be hand delivered or sent prepaid by
18   United States mail to the mailing address of each unit or to any
19   other mailing address designated in writing by the unit owner.
 1   Notice of any other meeting of the association may be provided
 2   by the association's officers not less than ten nor more than 60
 3   days in advance of the meeting. The notice of a meeting may be
 4   delivered by electronic means if the unit owner has agreed in
 5   writing to accept the notice by electronic means or where the
 6   bylaws permit electronic notices. The notice of any meeting must
 7   state the time and place of the meeting and the items on the
 8   agenda, including the general nature of any proposed amendment
 9   to the declaration or bylaws, any budget or assessment changes
10   and, where the declaration or bylaws require approval of unit
11   owners, any proposal to remove an executive board member or
12   officer. In the event of cancellation of an annual meeting of
13   the unit owners' association at which directors are elected, the
14   notice of a subsequent meeting scheduled to elect the directors
15   shall include a statement that the meeting is scheduled for the
16   purpose of the election of directors.
17      (b)   Delivery of notice.--The bylaws must require that notice
18   of virtual meetings of the association be given by:
19            (1)   First class or express mail, postage prepaid, or
20      courier service, charges prepaid, to the mailing address of
21      each unit or to any other mailing address designated in
22      writing by the unit owner. Notice under this paragraph shall
23      be deemed to have been given to a unit owner when deposited
24      in the United States mail or with a courier service for
25      delivery to the unit owner and certified in writing by the
26      appointed officer or an agent thereof as having been
27      delivered.
28            (2)   Facsimile transmission, e-mail or other electronic
29      communication to the unit owner's facsimile number or address
30      for e-mail or other electronic communications supplied by the

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 1      unit owner, provided that the unit owner has agreed in
 2      writing to accept the notice by electronic means or where the
 3      bylaws expressly permit means of delivering electronic
 4      notice. Notice under this paragraph shall be deemed to have
 5      been given to the unit owner when sent and certified in
 6      writing by the appointed officer or an agent thereof as
 7      having been sent.
 8      (c)   Use of remote technology.--Except as otherwise provided
 9   in the bylaws, an individual may participate in a meeting of the
10   executive board or association by means of a conference
11   telephone or other remote electronic technology, including the
12   Internet, which allows participants in the meeting to hear each
13   other. Participation in a meeting as authorized under this
14   subsection shall be deemed in-person attendance at the meeting.
15      (d)   Pre-election sessions.--The bylaws must require that, in
16   the event that there are more candidates than open positions on
17   the executive board, then, upon request of one or more of the
18   candidates, the association shall hold a special session at
19   least seven days before the election of an executive board
20   member to allow the unit owners to meet each candidate for an
21   executive board position. Each candidate for an executive board
22   position shall have equal time to address the unit owners during
23   a special session under this subsection.
24      (e)   Recorded meeting.--Unless the bylaws provide otherwise,
25   [meetings] a meeting of the association required to be open
26   under subsection (g) may be recorded by the executive board or
27   any unit owner via audio or video technology, provided that an
28   announcement is made by the presiding officer and any recording
29   unit owner at the commencement of the meeting that the meeting
30   will be recorded. A recorded meeting under this subsection shall

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 1   be maintained and available to unit owners for a period of no
 2   less than six months after the date of the meeting. The
 3   executive board or subcommittee, or other committee of the
 4   executive board conducting the meeting, may adopt rules
 5   governing the placement and use of equipment necessary for
 6   recording a meeting to prevent interference with the
 7   proceedings.
 8      (f)   Executive board meetings.--
 9            (1)   The executive board or a subcommittee, or other
10      committee of the executive board, may convene in executive
11      session to:
12                  (i)    consider personnel matters;
13                  (ii)    consult with legal counsel;
14                  (iii)    discuss and consider contracts, probable or
15            pending litigation and matters involving violations of
16            the condominium instruments or rules and regulations
17            promulgated pursuant to such condominium instruments for
18            which a unit owner, the unit owner's family members,
19            tenants, guests or other invitees are responsible; or
20                  (iv)    discuss and consider the personal liability of
21            unit owners to the unit owners' association upon the
22            affirmative vote in an open meeting to assemble in
23            executive session.
24            (2)   The motion shall state specifically the purpose for
25      the executive session. Reference to the motion and the stated
26      purpose for the executive session shall be included in the
27      minutes. The executive board shall restrict the consideration
28      of matters during the executive session to only those
29      purposes specifically exempted and stated in the motion.
30            (3)   No contract, motion or other action adopted, passed

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 1    or agreed to in executive session shall become effective
 2    unless the executive board or subcommittee, or other
 3    committee of the executive board following the executive
 4    session, reconvenes in open meeting and takes a vote on the
 5    contract, motion or other action, which shall have its
 6    substance reasonably identified in the open meeting.
 7          (4)   The requirements of this subsection shall not be
 8    construed to require the disclosure of information in
 9    violation of law.
10    (g)   Executive board meeting access and notice.--
11          (1)   Except as otherwise provided in the condominium
12    instruments, this subsection shall apply to an executive
13    board meeting at which business of the unit owners'
14    association is transacted or discussed. A meeting of the unit
15    owners' association or the executive board, including a
16    subcommittee or other committee of the association or board,
17    shall be open to all unit owners of record. The executive
18    board may not use a work session or other informal gathering
19    of the executive board to circumvent the open meeting
20    requirements of this section.
21          (2)   Notice of the time, date and place of a meeting of
22    the executive board, or of a subcommittee or other committee
23    of the executive board, and of each meeting of a subcommittee
24    or other committee of the unit owners' association, shall be
25    published where it is reasonably calculated to be available
26    to a majority of the unit owners.
27          (3)   A unit owner may make a request to be notified on a
28    continual basis of any meeting, which request shall be made
29    at least once a year in writing and include the unit owner's
30    name, address, zip code and any email address, as

20250HB1174PN1311                  - 5 -
 1      appropriate. Notice of the time, date and place shall be sent
 2      to any unit owner requesting notice by first class mail, or
 3      email in the case of a meeting of the executive board, or by
 4      email in the case of a meeting of a subcommittee or other
 5      committee of the executive board or of a subcommittee or
 6      other committee of the unit owners' association.
 7             (4)   Notice, reasonable under the circumstances, of a
 8      special or emergency meeting shall be given contemporaneously
 9      with the notice provided to members of the executive board or
10      a subcommittee or other committee of the board or
11      subcommittee or other committee of the unit owners'
12      association conducting the meeting.
13             (5)   Voting by secret or written ballot in an open
14      meeting is a violation of this section, except for the
15      election of officers.
16      (h)    Unit owner comments.--
17             (1)   Subject to reasonable rules adopted by the executive
18      board, the executive board shall provide a designated period
19      during a meeting to allow unit owners an opportunity to
20      comment on any matter relating to the unit owners'
21      association.
22             (2)   During a meeting at which the agenda is limited to
23      specific topics, or at a special meeting, the executive board
24      may limit the comments of unit owners to the topics listed on
25      the meeting agenda.
26   § 4308.    Meetings.
27      (a)    Timing and notice.--A meeting of the association must be
28   held at least once each year. Special meetings of the
29   association may be called by the president, a majority of the
30   executive board or by 20%, or any lower percentage specified in

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 1   the bylaws, of the proprietary lessees. Not less than [ten nor
 2   more than 60] 21 days in advance of any annual or regularly
 3   scheduled meeting, the secretary or other officer specified in
 4   the bylaws shall cause notice to be hand delivered or sent
 5   prepaid by United States mail to the mailing address of each
 6   unit or to any other mailing address designated in writing by
 7   the proprietary lessee. Notice of any other meeting shall be
 8   delivered by the secretary or other officer specified in the
 9   bylaws not less than ten nor more than 60 days in advance of the
10   meeting. The notice of a meeting may be delivered by electronic
11   means if the unit owner has agreed in writing to accept the
12   notice by electronic means or where the bylaws permit electronic
13   notices. The notice of any meeting must state the time and place
14   of the meeting and the items on the agenda, including the
15   general nature of any proposed amendment to the declaration or
16   bylaws, any budget or assessment changes and, where the
17   declaration or bylaws require approval of the proprietary
18   lessees, any proposal to remove an executive board member or
19   officer. In the event of cancellation of an annual meeting of
20   the association at which directors are elected, the notice of a
21   subsequent meeting scheduled to elect the directors shall
22   include a statement that the meeting is scheduled for the
23   purpose of the election of directors.
24      (b)   Delivery of notice.--The bylaws must require that notice
25   of virtual meetings of the association be given by:
26            (1)   First class or express mail, postage prepaid, or
27      courier service, charges prepaid, to the mailing address of
28      each unit or to any other mailing address designated in
29      writing by the proprietary lessee. Notice under this
30      paragraph shall be deemed to have been given to a proprietary

20250HB1174PN1311                    - 7 -
 1      lessee when deposited in the United States mail or with a
 2      courier service for delivery to the proprietary lessee and
 3      certified in writing by the secretary or an agent thereof as
 4      having been delivered.
 5            (2)   Facsimile transmission, e-mail or other electronic
 6      communication to the proprietary lessee's facsimile number or
 7      address for e-mail or other electronic communications
 8      supplied by the proprietary lessee, provided that the unit
 9      owner has agreed in writing to accept the notice by
10      electronic means or where the bylaws expressly permit means
11      of delivering electronic notice. Notice under this paragraph
12      shall be deemed to have been given to the proprietary lessee
13      when sent and certified in writing by the secretary or an
14      agent thereof as having been sent.
15      (c)   Use of remote technology.--Except as otherwise provided
16   in the bylaws, an individual may participate in a meeting of the
17   executive board or association by means of a conference
18   telephone or other remote electronic technology, including the
19   Internet, which allows participants in the meeting to hear each
20   other. Participation in a meeting as authorized under this
21   subsection shall be deemed in-person attendance at the meeting.
22      (d)   Pre-election sessions.--The bylaws must require that, in
23   the event that there are more candidates than open positions on
24   the executive board, then, upon request of one or more of the
25   candidates, the association shall hold a special session at
26   least seven days prior to the election of an executive board
27   member to allow the proprietary lessees to meet each candidate
28   for an executive board position. Each candidate for an executive
29   board position shall have equal time to address the proprietary
30   lessees during a special session under this subsection.

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 1      (e)   Recorded meeting.--Unless the bylaws provide otherwise,
 2   [meetings] a meeting of the association required to be open
 3   under subsection (g) may be recorded by the executive board or
 4   any proprietary lessee via audio or video technology, provided
 5   that an announcement is made by the presiding officer and any
 6   recording proprietary lessee at the commencement of the meeting
 7   that the meeting will be recorded. A recorded meeting under this
 8   subsection shall be maintained and available to proprietary
 9   lessees for a period of no less than six months after the date
10   of the meeting. The executive board or subcommittee, or other
11   committee of the executive board conducting the meeting, may
12   adopt rules governing the placement and use of equipment
13   necessary for recording a meeting to prevent interference with
14   the proceedings.
15      (f)   Executive board meetings.--
16            (1)   The executive board or a subcommittee, or other
17      committee of the executive board, may convene in executive
18      session to:
19                  (i)    consider personnel matters;
20                  (ii)    consult with legal counsel;
21                  (iii)    discuss and consider contracts, probable or
22            pending litigation and matters involving violations of
23            the cooperative instruments or rules and regulations
24            promulgated pursuant to such cooperative instruments for
25            which a proprietary lessee, the proprietary lessee's
26            family members, tenants, guests or other invitees are
27            responsible; or
28                  (iv)    discuss and consider the personal liability of
29            proprietary lessees to the association upon the
30            affirmative vote in an open meeting to assemble in

20250HB1174PN1311                       - 9 -
 1          executive session.
 2          (2)   The motion shall state specifically the purpose for
 3    the executive session. Reference to the motion and the stated
 4    purpose for the executive session shall be included in the
 5    minutes. The executive board shall restrict the consideration
 6    of matters during the executive session to only those
 7    purposes specifically exempted and stated in the motion.
 8          (3)   No contract, motion or other action adopted, passed
 9    or agreed to in executive session shall become effective
10    unless the executive board or subcommittee, or other
11    committee of the executive board following the executive
12    session, reconvenes in open meeting and takes a vote on the
13    contract, motion or other action, which shall have its
14    substance reasonably identified in the open meeting.
15          (4)   The requirements of this subsection shall not be
16    construed to require the disclosure of information in
17    violation of law.
18    (g)   Executive board meeting access and notice.--
19          (1)   Except as otherwise provided in the cooperative
20    instruments, the provisions of this subsection shall apply to
21    executive board meetings at which business of the association
22    is transacted or discussed. All meetings of the association
23    or the executive board, including a subcommittee or other
24    committee of the association or board, shall be open to all
25    proprietary lessees of record. The executive board may not
26    use a work session or other informal gathering of the
27    executive board to circumvent the open meeting requirements
28    of this section.
29          (2)   Notice of the time, date and place of a meeting of
30    the executive board, or of a subcommittee or other committee

20250HB1174PN1311                  - 10 -
 1    of the executive board, and of each meeting of a subcommittee
 2    or other committee of the association, shall be published
 3    where it is reasonably calculated to be available to a
 4    majority of the unit proprietary lessees.
 5          (3)   A proprietary lessee may make a request to be
 6    notified on a continual basis of any meeting, which request
 7    shall be made at least once a year in writing and include the
 8    proprietary lessee's name, address, zip code and any email
 9    address, as appropriate. Notice of the time, date and place
10    shall be sent to a proprietary lessee requesting notice by
11    first class mail, or email in the case of a meeting of the
12    executive board, or by email in the case of a meeting of a
13    subcommittee or other committee of the executive board or of
14    a subcommittee or other committee of the association.
15          (4)   Notice, reasonable under the circumstances, of a
16    special or emergency meeting shall be given contemporaneously
17    with the notice provided to members of the executive board or
18    a subcommittee or other committee of the board or
19    subcommittee or other committee of the association conducting
20    the meeting.
21          (5)   Voting by secret or written ballot in an open
22    meeting is a violation of this section, except for the
23    election of officers.
24    (h)   Proprietary lessee comments.--
25          (1)   Subject to reasonable rules adopted by the executive
26    board, the executive board shall provide a designated period
27    during a meeting to allow proprietary lessees an opportunity
28    to comment on any matter relating to the association.
29          (2)   During a meeting at which the agenda is limited to
30    specific topics, or at a special meeting, the executive board

20250HB1174PN1311                  - 11 -
 1      may limit the comments of proprietary lessees to the topics
 2      listed on the meeting agenda.
 3   § 5308.    Meetings.
 4      (a)    Timing and notice.--The bylaws shall require that
 5   meetings of the association be held at least once each year and
 6   shall provide for special meetings. The bylaws shall specify
 7   which of the association's officers, not less than [ten nor more
 8   than 60] 21 days in advance of any annual or regularly scheduled
 9   meeting, shall cause notice to be hand delivered or sent prepaid
10   by United States mail to the mailing address of each unit or to
11   any other mailing address designated in writing by the unit
12   owner. Notice of any other meeting shall be delivered in this
13   manner by the association's officers not less than ten nor more
14   than 60 days in advance of the meeting. The notice of a meeting
15   may be delivered by electronic means if the unit owner has
16   agreed in writing to accept the notice by electronic means or
17   where the bylaws permit electronic notices. The notice of any
18   meeting must state the time and place of the meeting and the
19   items on the agenda, including the general nature of any
20   proposed amendment to the declaration or bylaws; any budget or
21   assessment changes; and, where the declaration or bylaws require
22   approval of unit owners, any proposal to remove a director or
23   officer. In the event of cancellation of an annual meeting of
24   the unit owners' association at which directors are elected, the
25   notice of a subsequent meeting scheduled to elect the directors
26   shall include a statement that the meeting is scheduled for the
27   purpose of the election of directors.
28      (b)    Delivery of notice.--The bylaws must require that notice
29   of virtual meetings of the association be given by:
30             (1)   First class or express mail, postage prepaid, or

20250HB1174PN1311                     - 12 -
 1      courier service, charges prepaid, to the mailing address of
 2      each unit or to any other mailing address designated in
 3      writing by the unit owner. Notice under this paragraph shall
 4      be deemed to have been given to a unit owner when deposited
 5      in the United States mail or with a courier service for
 6      delivery to the unit owner and certified in writing by the
 7      appointed officer or an agent thereof as having been
 8      delivered.
 9            (2)   Facsimile transmission, e-mail or other electronic
10      communication to the unit owner's facsimile number or address
11      for e-mail or other electronic communications supplied by the
12      unit owner, provided that the unit owner has agreed in
13      writing to accept the notice by electronic means or where the
14      bylaws expressly permit means of delivering electronic
15      notice. Notice under this paragraph shall be deemed to have
16      been given to the unit owner when sent and certified in
17      writing by the appointed officer or an agent thereof as
18      having been sent.
19      (c)   Use of remote technology.--Except as otherwise provided
20   in the bylaws, an individual may participate in a meeting of the
21   executive board or association by means of a conference
22   telephone or other remote electronic technology, including the
23   Internet, which allows each participant in the meeting to hear
24   each other. Participation in a meeting as authorized under this
25   subsection shall be deemed in-person attendance at the meeting.
26      (d)   Pre-election sessions.--The bylaws must require that, in
27   the event that there are more candidates than open positions on
28   the executive board, then, upon request of one or more of the
29   candidates, the association shall hold a special session at
30   least seven days before the election of an executive board

20250HB1174PN1311                    - 13 -
 1   member to allow the unit owners to meet each candidate for an
 2   executive board position. Each candidate for an executive board
 3   position shall have equal time to address the unit owners during
 4   a special session under this subsection.
 5      (e)   Recorded meeting.--Unless the bylaws provide otherwise,
 6   [meetings] a meeting of the association required to be open
 7   under subsection (g) may be recorded by the executive board or
 8   any unit owner via audio or video technology, provided that an
 9   announcement is made by the presiding officer and any recording
10   unit owner at the commencement of the meeting that the meeting
11   will be recorded. A recorded meeting under this subsection shall
12   be maintained and available to unit owners for a period of no
13   less than six months after the date of the meeting. The
14   executive board or subcommittee, or other committee of the
15   executive board conducting the meeting, may adopt rules
16   governing the placement and use of equipment necessary for
17   recording a meeting to prevent interference with the
18   proceedings.
19      (f)   Executive board meetings.--
20            (1)   The executive board or a subcommittee, or other
21      committee of the executive board, may convene in executive
22      session to:
23                  (i)    consider personnel matters;
24                  (ii)    consult with legal counsel;
25                  (iii)    discuss and consider contracts, probable or
26            pending litigation and matters involving violations of
27            the community instruments or rules and regulations
28            promulgated pursuant to such community instruments for
29            which a unit owner, the unit owner's family members,
30            tenants, guests or other invitees are responsible; or

20250HB1174PN1311                       - 14 -
 1                (iv)   discuss and consider the personal liability of
 2          unit owners to the unit owners' association upon the
 3          affirmative vote in an open meeting to assemble in
 4          executive session.
 5          (2)   The motion shall state specifically the purpose for
 6    the executive session. Reference to the motion and the stated
 7    purpose for the executive session shall be included in the
 8    minutes. The executive board shall restrict the consideration
 9    of matters during the executive session to only those
10    purposes specifically exempted and stated in the motion.
11          (3)   No contract, motion or other action adopted, passed
12    or agreed to in executive session shall become effective
13    unless the executive board or subcommittee, or other
14    committee of the executive board following the executive
15    session, reconvenes in open meeting and takes a vote on the
16    contract, motion or other action, which shall have its
17    substance reasonably identified in the open meeting.
18          (4)   The requirements of this subsection shall not be
19    construed to require the disclosure of information in
20    violation of law.
21    (g)   Executive board meeting access and notice.--
22          (1)   Except as otherwise provided in the community
23    instruments, this subsection shall apply to an executive
24    board meeting at which business of the unit owners'
25    association is transacted or discussed. A meeting of the unit
26    owners' association or the executive board, including a
27    subcommittee or other committee of the association or board,
28    shall be open to all unit owners of record. The executive
29    board may not use a work session or other informal gathering
30    of the executive board to circumvent the open meeting

20250HB1174PN1311                    - 15 -
 1    requirements of this section.
 2          (2)   Notice of the time, date and place of a meeting of
 3    the executive board, or of a subcommittee or other committee
 4    of the executive board, and of each meeting of a subcommittee
 5    or other committee of the unit owners' association, shall be
 6    published where it is reasonably calculated to be available
 7    to a majority of the unit owners.
 8          (3)   A unit owner may make a request to be notified on a
 9    continual basis of any meeting, which request shall be made
10    at least once a year in writing and include the unit owner's
11    name, address, zip code and any email address, as
12    appropriate. Notice of the time, date and place shall be sent
13    to any unit owner requesting notice by first class mail, or
14    email in the case of a meeting of the executive board, or by
15    email in the case of a meeting of a subcommittee or other
16    committee of the executive board or of a subcommittee or
17    other committee of the unit owners' association.
18          (4)   Notice, reasonable under the circumstances, of a
19    special or emergency meeting shall be given contemporaneously
20    with the notice provided to members of the executive board or
21    a subcommittee or other committee of the board or
22    subcommittee or other committee of the unit owners'
23    association conducting the meeting.
24          (5)   Voting by secret or written ballot in an open
25    meeting is a violation of this section, except for the
26    election of officers.
27    (h)   Unit owner comments.--
28          (1)   Subject to reasonable rules adopted by the executive
29    board, the executive board shall provide a designated period
30    during a meeting to allow unit owners an opportunity to

20250HB1174PN1311                  - 16 -
1     comment on any matter relating to the unit owners'
2     association.
3         (2)   During a meeting at which the agenda is limited to
4     specific topics, or at a special meeting, the executive board
5     may limit the comments of unit owners to the topics listed on
6     the meeting agenda.
7     Section 2.    This act shall take effect in 60 days.




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