4302 - Powers of association.

     § 4302.  Powers of association.        (a)  General rule.--Except as provided in subsection (b) and     subject to the provisions of the declaration, the association     may:            (1)  Adopt and amend bylaws and rules and regulations.            (2)  Adopt and amend budgets for revenues, expenditures        and reserves, which budgets shall include, but shall not be        limited to, the financial information listed in section        4403(a)(5) (relating to public offering statement; general        provisions), and collect assessments for common expenses from        proprietary lessees.            (3)  Hire and discharge managing agents and other        employees, agents and independent contractors.            (4)  Institute, defend or intervene in litigation or        administrative proceedings, or engage in arbitrations or        mediations, in its own name on behalf of itself or two or        more proprietary lessees on matters affecting the        cooperative.            (5)  Make contracts and incur liabilities.            (6)  Regulate the use, maintenance, repair, replacement        and modification of common elements and make reasonable        accommodation or permit reasonable modifications to be made        to units or the common elements to accommodate handicapped as        defined by prevailing Federal, State or local statute,        regulation, code or ordinance, proprietary lessees,        residents, tenants or employees.            (7)  Cause additional improvements to be made as a part        of the common elements.            (8) (i)  Acquire, hold, encumber and convey in its own            name any right, title or interest to real or personal            property other than common facilities; and                (ii)  convey or subject all or part of the            cooperative to a security interest only pursuant to            section 4312 (relating to conveyance or encumbrance of            cooperative).            (9)  Grant easements, leases, licenses and concessions        through or over the common elements. Any such easement,        lease, license or concession that is not for the benefit of        all or substantially all of the proprietary lessees shall not        be granted without the same proprietary lessee approval that        is required for an amendment to the declaration or that        materially impairs any right or benefit that one or more        proprietary lessees may have with respect to the common        elements shall not be granted without the prior written        approval of those proprietary lessees.            (10)  Impose and receive any payments, fees or charges        for the use, rental or operation of the common elements other        than limited common elements described in section 4202(2) and        (4) (relating to unit boundaries) and for services provided        to proprietary lessees.            (11)  Impose charges for late payment of assessments and,        after notice and an opportunity to be heard, levy reasonable        fines for violations of the declaration, bylaws and rules and        regulations of the association.            (12)  Impose reasonable charges for the preparation and        recordation of amendments to the declaration, resale        certificates required by section 4409 (relating to resales of        cooperative interests) or statements of unpaid assessments.        In addition, an association may impose a capital improvement        fee on the resale or transfer the leasehold interest in units        in accordance with the following:                (i)  The capital improvement fee for any unit may not            exceed the annual assessments for general common expense            charged to such unit during the most recently completed            fiscal year of the association, provided that:                    (A)  in the case of resale or transfer of the                leasehold interest in a unit consisting of unimproved                real estate, the capital improvement fee may not                exceed one-half of the annual assessments for general                common expenses charged to such unit during the most                recently completed fiscal year of the association;                    (B)  in the case of resale or transfer of the                leasehold interest in a unit which was created or                added to the cooperative in accordance with section                4209 (relating to exercise of development rights) at                some time during the most recently completed fiscal                year of the association but was not in existence for                the entire fiscal year, the capital improvement fee                may not exceed one-half of the annual assessments for                general common expenses charged to a unit comparable                to such unit during the most recently completed                fiscal year of the association; and                    (C)  capital improvement fees are not refundable                upon any sale, conveyance or other transfer of the                proprietary lease to a unit.                (ii)  Capital improvement fees allocated by an            association must be maintained in a separate capital            account, may be expended only for new capital            improvements or replacement of existing common elements            and improvements on the common elements and may not be            expended for operation, maintenance or other purposes.                (iii)  No capital improvement fee may be imposed on            any gratuitous transfer of a proprietary interest in a            unit between any of the following family members:            spouses, parent and child, siblings, grandparent and            grandchild; nor on any transfer of a unit by foreclosure            sale or deed in lieu of foreclosure to a secured lending            institution as defined by the act of December 3, 1959            (P.L.1688, No.621), known as the Housing Finance Agency            Law.                (iv)  No fees may be imposed upon any person who:                    (A)  acquires a proprietary interest in a unit                consisting of unimproved real estate and signs and                delivers to the association at the time of such                person's acquisition a sworn affidavit declaring the                person's intention to reconvey such unit within 18                months of its acquisition; and                    (B)  completes such reconveyance within 18                months.            (13)  Provide for the indemnification of its officers and        executive board and maintain directors' and officers'        liability insurance.            (14)  Assign its right to future income, including the        right to receive the payments made on account of common        expense assessments. Reserve funds held for future major        repairs and replacements of the common elements may not be        assigned or pledged.            (15)  Enjoin, abate or remedy by appropriate legal        proceedings either at law or in equity any violation of the        declaration, bylaws or this subpart by any proprietary lessee        or other person.            (16)  Terminate proprietary leases and all rights of        proprietary lessees with respect to their cooperative        interests and redeem cooperative interests of proprietary        lessees in connection with the exercise of the association's        remedies for nonpayment of assessments pursuant to section        4315 (relating to lien for assessments) or in connection with        the association's remedies for other violations of the        declaration, bylaws, proprietary lease or this subpart        pursuant to section 4319 (relating to termination of        cooperative interest), although the declaration may expressly        require such termination to be subject to the approval of a        specified vote of the proprietary lessees if the cause for        such termination is of a type specified in the declaration or        is for any cause if the declaration so specifies.            (17)  Assign or delegate any powers of the association        listed in this section to a master association subject to the        provisions of section 4219 (relating to master associations)        and accept any assignment or delegation of powers from one or        more cooperatives or other incorporated or unincorporated        associations.            (18)  Exercise any other powers conferred by the        declaration or bylaws.            (19)  Exercise all other powers that may be exercised in        this Commonwealth by legal entities of the same type as the        association.            (20)  Exercise any other powers necessary and proper for        the governance and operation of the association.        (b)  Restrictions on limitations in declaration.--The     declaration may not impose limitations on the power of the     association to deal with the declarant which are more     restrictive than the limitations imposed on the power of the     association to deal with other persons.     (Nov. 30, 2004, P.L.1499, No.190, eff. 60 days)        2004 Amendment.  Act 190 amended subsec. (a)(4), (6), (8),     (12) and (14).        Cross References.  Section 4302 is referred to in sections     4102, 4203, 4219, 4315 of this title.