(a) Applicability.--
(1) A planned community established after the effective date of this section shall adopt bylaws in compliance with this section.
(2) A planned community established on or before the effective date of this section may adopt bylaws in compliance with the provisions of this section.
(b) Procedures.--
(1) The bylaws shall establish procedures for an alternative dispute resolution for disputes between:
(i) two or more unit owners; or
(ii) a unit owner and the association.
(2) Alternative dispute resolution shall be limited to disputes where all parties agree to alternative dispute resolution.
(3) Costs and fees associated with alternative dispute resolution, excluding attorney fees, shall be assessed equally against all parties to a dispute.
(c) Construction.--Nothing in this section shall be construed to affect or impair the right of a unit owner, declarant or association to pursue a private cause of action or seek other relief.
(May 4, 2018, P.L.96, No.17, eff. 60 days)
2018 Amendment. Act 17 added section 5321.
Cross References. Section 5321 is referred to in section 5322 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 68 - REAL AND PERSONAL PROPERTY
Chapter 53 - Management of Planned Community
Section 5301 - Organization of unit owners' association
Section 5302 - Power of unit owners' association
Section 5303 - Executive board members and officers
Section 5304 - Transfer of special declarant rights
Section 5305 - Termination of contracts and leases of declarant
Section 5307 - Upkeep of planned community
Section 5310 - Voting; proxies
Section 5311 - Tort and contract liability
Section 5314 - Assessments for common expenses
Section 5315 - Lien for assessments
Section 5316 - Association records
Section 5317 - Association as trustee
Section 5318 - Conveyance or encumbrance of common facilities
Section 5319 - Other liens affecting planned community
Section 5320 - Declarant delivery of items to association
Section 5321 - Alternative dispute resolution in planned communities
Section 5322 - Complaints filed with Bureau of Consumer Protection