On April 20, 2016, Governor Tom Wolf signed into law Act 21 – House Bill 1340, sponsored by Representative Martina White, which amended the Pennsylvania Uniform Planned Community Act (UPCA) and the Uniform Condominium Act (UCA) under Title 68 (Real and Personal Property). The amendments, specifically with regard to Section 3315(d) and Section 5315(e) of the Title 68 Acts – Lien for Assessments, expanded the provisions under the UPCA and the UCA and established that a lien for unpaid assessments may now be instituted within four (4) years (rather than the previous timeframe of three (3) years) after the assessments become payable. Additionally, the amendments now enable associations to resolve assessment delinquencies by allowing an association to obtain a personal judgment against the delinquent unit owner(s) rather than foreclosing on the lien, while still preserving the statutory lien. Previous to the amendment, in 2014, the United States Court of Appeals held that a personal judgment obtained by a community association in Pennsylvania did not preserve the statutory lien and that unless associations filed a lien foreclosure action within three (3) years of a delinquency, the lien for assessments was extinguished. The amendment allows associations to resolve assessment delinquencies without putting ownership of homes at risk through foreclosure proceedings.
Categories
- Alternative Dispute Resolution
- Annual Meetings
- Architectural Controls
- Assessments
- Bankruptcy
- Board Meetings
- Books and Records
- CAI
- Classic Condo Cases
- Collections
- Condo FAQs
- Confidentiality & Ethics
- Construction Defect
- Contracts
- COVID-19
- DCA
- Disability Accommodations
- Elections/Voting
- Fair Housing
- FDCPA
- FHA
- First Amendment Rights
- Foreclosure
- Fraud
- Insurance
- Lead Paint
- Lease/Rental Restrictions
- Legal Decisions
- Legislation
- Municipal Services Act
- New Jersey Cooperator
- Safety
- Snow Removal
- Speaking Engagements
- Superstorm Sandy
- Suspension of Privileges
- UCA
- Uncategorized
- UPCA
- Webinar
Top Posts & Pages
- Condo FAQs: Tort Immunity
- Board Meetings
- Hung Out to Dry: Dryer Vent Cleaning Is An Important But Often Overlooked Task
- Loren R. Lightman, Esq.
- New Jersey Division of Fire Safety Adopts New Regulation Requiring Use of 10-Year Sealed Battery Smoke Alarms
- Regarding the Radburn: New Law Enhances Voting Participation Rights in New Jersey Community Associations
- New Law Mandates Flexible DCA Inspections For Multiple Dwellings
- Pool Contracts
- George C. Greatrex, Jr., Esq.
- The Signs of the Times: May They Be Restricted?
Recent Posts
- Proposed Law Would Require Periodic Inspections Of Certain Community Association Buildings And Require Such Associations To Maintain Adequate Reserve Funds To Ensure Necessary Maintenance
- Electric Vehicle Charging Stations (EVCS) Is Your Community Association Ready?
- Webinar: Hot Topics In Community Association Law & Legislation
Subscribe to Blog via Email
Follow Hill Wallack LLP’s Condo Group
My TweetsImportant Disclaimer
The commentary and views expressed in this blog are solely intended for informational purposes only and do not constitute legal advice. For legal advice or representation in connection with any matter, we urge you to consult with an attorney. Read the full disclaimer here.