5222 - Master associations.

     § 5222.  Master associations.        (a)  Applicability of section.--If the declaration for a     planned community provides that any of the powers described in     section 5302 (relating to power of unit owners' association)     with respect to the planned community are to be exercised by or     may be delegated to a profit or nonprofit corporation or     unincorporated association (a "master association") which     exercises those or other powers on behalf of one or more other     planned communities or other incorporated or unincorporated     associations, then, except as modified by this section, all     provisions of this subpart applicable to unit owners'     associations shall apply to any such master association insofar     as its actions affect the planned community.        (b)  Powers.--Unless a master association is acting in the     capacity of an association described in section 5301 (relating     to organization of unit owners' association) with respect to a     planned community which is part of the master association, it     may exercise with respect to the planned community only such     powers set forth in section 5302 and only to the extent     expressly permitted in the declaration which provides for the     delegation of powers from its planned community association to     the master association and accepted by the master association,     as indicated in the provisions of the declaration or other     organizational documents of the master association.        (c)  Liability of executive board members and officers.--If     the declaration of a planned community provides that the     executive board may delegate certain powers to a master     association, the members of the executive board have no     liability for the acts or omissions of the master association     with respect to those powers following delegation. The officers     and members of the governing board of the master association are     subject to liability to the planned community association whose     powers are delegated to the master association and the unit     owners of the planned community on the same basis as officers     and executive board members of the planned community immediately     before such delegation of powers.        (d)  Rights and responsibilities of persons electing     governing body.--The rights and responsibilities of unit owners     with respect to the unit owners' association set forth in     sections 5302, 5303 (relating to executive board members and     officers), 5309 (relating to quorums), 5310 (relating to voting;     proxies) and 5320 (relating to declarant delivery of items to     association) apply in the conduct of the affairs of a master     association with respect to the exercise of powers elected     pursuant to a planned community declaration to the master     association, but apply only to those persons who elect the     governing body of a master association, whether or not those     persons are otherwise unit owners within the meaning of this     subpart.        (e)  Election of master association governing body.--     Notwithstanding the provisions of section 5303(e) with respect     to the election of the executive board by all unit owners after     the period of declarant control ends and even if a master     association is also an association described in section 5301,     the instrument creating the master association and the     declaration of each planned community of the organizational     documents of other associations, the powers of which are     assigned pursuant to the declaration or organizational documents     or delegated to the master association, shall provide that the     governing body of the master association must be elected after     the period of declarant control in any of the following ways:            (1)  All unit owners of all planned communities and other        properties subject to the master association elect all        members of the governing body of the master association.            (2)  All members of the governing bodies of the planned        community associations and other property owners'        associations subject to the master association elect all        members of the master association governing body.            (3)  All unit owners of each planned community and other        property owners' association subject to the master        association elect specified members of the master association        governing body.            (4)  All members of the governing bodies of the planned        communities and other property associations subject to the        master association elect specified members of the master        association governing body.        (f)  Delegation of responsibility and authority.--The     provisions of this section shall apply to a planned community     upon any of the following:            (1)  A date specified in the declaration or any amendment        thereto from and after which this section shall apply to the        planned community.            (2)  An event or action that the declaration or any        amendment thereto states shall cause this section to become        applicable and the association causes to be recorded an        instrument duly executed by the president of the association        stating that:                (i)  the event or action has occurred and the date of            such occurrence, thereby causing this section to become            applicable to the planned community; and                (ii)  a copy of such instrument has been sent to all            unit owners.            (3)  The declarant executes and records an instrument        stating that this section shall thereafter apply to the        planned community and that a copy of such instrument has been        sent to the executive board and all unit owners. This        paragraph shall be applicable only if the declarant shall        have expressly reserved in the declaration, under section        5205(13) (relating to contents of declaration; all planned        communities), the special declarant right to make this        section applicable to the planned community and only if the        instrument exercising such right has been recorded during the        time period allowed for the exercise of such right.        (g)  Delegation of all powers.--If all of the powers of a     planned community association are delegated to a master     association and accepted by the master association under     subsection (b), then the governing body of the master     association may act in all respects as the executive board of     the planned community, and no separate executive board need be     elected or exist.        Cross References.  Section 5222 is referred to in sections     5102, 5103, 5205, 5302 of this title.