5320 - Declarant delivery of items to association.

     § 5320.  Declarant delivery of items to association.        Except as set forth in paragraph (9), not later than 60 days     after the required termination of the period of declarant     control under section 5303(c) (relating to executive board     members and officers) or the declarant's earlier voluntary     termination of control, the declarant shall deliver to the     association all property of the unit owners and of the     association held by or controlled by the declarant, including,     without limitation, all of the following items, if applicable,     as to each planned community or other owners' association     operated by the association:            (1)  The original or a certified copy or a photocopy of        the recorded declaration and all amendments thereto. If a        photocopy is delivered, the photocopy shall reflect the        recording information and shall be accompanied by an        affidavit executed by the declarant certifying the photocopy        to be a true, correct and complete copy of the actual        recorded declaration and all amendments thereto.            (2)  The association articles of incorporation, if        incorporated, with evidence of filing with the Department of        State.            (3)  A copy of the bylaws.            (4)  A complete set of all executive board minutes and        resolutions and all other books and records of the        association.            (5)  A complete copy of all rules and regulations that        may have been adopted.            (6)  Copies of all Federal, State and local tax returns        filed by or on behalf of the association and copies of any        tax-exempt elections made by or on behalf of the association.            (7)  Copies of all past and current budgets of the        association.            (8)  Resignations of officers and members of the        executive board who are required to resign because the        declarant is required to relinquish or has relinquished        control of the association.            (9)  Not later than 90 days after the required        termination of the period of declarant control under section        5303(c) or the declarant's earlier voluntary termination of        control, a complete audit of the finances of the association        for the time period between the last audit of the        association's financial books and records and the date of        termination of the period of declarant control, prepared by        an independent certified public accountant in accordance with        generally accepted accounting principles, the costs of which        audit are to be borne equally by the declarant and the        association. If the planned community consists of not more        than 12 units, a warranty from the declarant to the        association that the books and records of the association        completely and accurately reflect all activities of the        association from its inception through the date of        termination of the period of declarant control may be        substituted for the audit referred to in this paragraph.            (10)  All association funds or control thereof.            (11)  All tangible personal property and inventories        thereof:                (i)  that may have been represented or should have            been represented by the declarant in any public offering            statement, sales materials or other writings to be part            of the common elements; or                (ii)  that are otherwise property of the association.            (12)  A copy of the plans or drawings and specifications,        if any, utilized in the construction, rehabilitation,        renovation or remodeling of any buildings and improvements        within the planned community and in the construction and        installation of any mechanical components and equipment        serving the buildings and improvements and property if and to        the extent the construction, rehabilitation, renovation,        remodeling or installation was performed by or on behalf of        the declarant and substantially completed during the period        commencing three years prior to the date of the first public        offering statement regarding the planned community. If no        public offering statement is required for any unit in the        planned community, the three-year period shall commence on        the date of the recording of the planned community        declaration or amendment thereto with respect to such        improvements and shall end on the date by which compliance        with this section is required. If such construction,        rehabilitation, renovation, remodeling or installation was        substantially completed within the three-year period but not        by or on behalf of the declarant, the obligation of the        declarant under this paragraph shall be to provide all such        plans, drawings and specifications in the possession of the        declarant and to use reasonable efforts to obtain and provide        any such plans, drawings or specifications not within the        possession of the declarant. If such construction,        rehabilitation, renovation, remodeling or installation was        substantially completed more than three years prior to the        commencement of the three-year period described in this        paragraph, the obligations of the declarant under this        paragraph shall be to provide all such plans, drawings and        specifications in the possession of the declarant. To the        extent previously made available to the declarant, the        declarant in all cases shall deliver to the association        owners operating, care and maintenance manuals and other        information regarding mechanical components and equipment        serving any buildings and improvements in the planned        community. A declarant's delivery of plans, drawings or        specifications under this paragraph shall not constitute a        representation or warranty of the accuracy or completeness of        the plans, drawings or specifications and shall not expand or        otherwise affect the declarant's warranties created under        section 5411 (relating to warranty against structural        defects).            (13)  All insurance policies insuring the association        then in force.            (14)  Copies of any certificates or statements of        occupancy which may have been issued with respect to the        improvements comprising the planned community, if and to the        extent available.            (15)  Any other permits issued by governmental bodies        applicable to the planned community property which are then        currently in force, notices of violations of governmental        requirements then outstanding and incurred and all reports of        investigations for the presence of hazardous conditions as        defined in section 5402(a)(27) (relating to public offering        statement; general provisions).            (16)  Any written warranties then in force and effect        from contractors, subcontractors, suppliers or manufacturers        who have performed work with respect to the planned community        property or have supplied equipment or services to the        planned community property.            (17)  A roster of unit owners and mortgagees and their        respective addresses and telephone numbers, if known, as        shown on the declarant's records.            (18)  Employment contracts in which the association is or        is to be one of the contracting parties.            (19)  Service and other contracts and leases in which the        association is or is to be one of the contracting parties and        service contracts in which the association has directly or        indirectly an obligation or a responsibility to pay some or        all of the fees or charges of the person or persons        performing such services.        Cross References.  Section 5320 is referred to in section     5222 of this title.