(a) General rule.--A unit owner in good standing may file a complaint with the Bureau of Consumer Protection in the Office of the Attorney General in the event of a violation by the declarant or the association of sections 5308 (relating to meetings), 5309 (relating to quorums) and 5310 (relating to voting; proxies).
(b) Condition.--If an alternative dispute resolution procedure is available to the unit owner under the association's declaration, bylaws, rules or regulations, a complaint may not be filed by a unit owner with the Bureau of Consumer Protection until the earlier of:
(1) the unit owner exhausting the alternative dispute resolution procedure without a resolution between the unit owner and the association; or
(2) at least 100 days have passed since the unit owner commenced the alternative dispute resolution procedure and the unit owner and association having not reached a resolution.
(c) Immediate filing.--A complaint may be filed by a unit owner with the Bureau of Consumer Protection immediately if:
(1) an alternative dispute resolution procedure is not available to the unit owner under the association's declaration, bylaws, rules or regulations; or
(2) the association refuses alternative dispute resolution under section 5321(b)(2) (relating to alternative dispute resolution in planned communities).
(d) 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, as authorized by law.
(May 4, 2018, P.L.96, No.17, eff. 60 days)
2018 Amendment. Act 17 added section 5322.
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