2010 Pennsylvania Code
Title 68 - REAL AND PERSONAL PROPERTY
Chapter 32 - Creation, Alteration and Termination of Condominiums
3222 - Master associations.

     § 3222.  Master associations.
        (a)  Applicability of section.--If the declaration for a
     condominium provides that any of the powers described in section
     3302 (relating to powers of unit owners' association) with
     respect to the condominium 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 condominiums 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
     condominium.
        (b)  Powers.--Unless a master association is acting in the
     capacity of an association described in section 3301 (relating
     to organization of unit owners' association) with respect to a
     condominium which is part of the master association, it may
     exercise with respect to the condominium only such powers set
     forth in section 3302 and only to the extent expressly permitted
     in the declaration of condominium which provides for the
     delegation of powers from its condominium association to the
     master association and accepted by such master association as
     indicated in the provisions of the declaration or other
     organizational documents of such master association.
        (c)  Liability of executive board members and officers.--If
     the declaration of a condominium 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 such delegation. The officers and members of the
     governing board of the master association are subject to
     liability to the condominium association whose powers are
     delegated thereto and the unit owners of such condominium on the
     same basis as officers and executive board members of such
     condominium 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 3303 (relating to executive board members and
     officers), 3308 (relating to meetings), 3309 (relating to
     quorums), 3310 (relating to voting; proxies) and 3320 (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 delegated pursuant to a condominium
     declaration to such 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 3303(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 3301,
     the instrument creating the master association and the
     declaration of each condominium or 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 condominiums 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
        condominium 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 condominium and other
        property owners' associations subject to the master
        association elect specified members of the master association
        governing body.
            (4)  All members of the governing bodies of the
        condominiums 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 condominium if and
     when:
            (1)  there occurs either a date specified in the
        declaration or any amendment thereto from and after which
        this section shall apply to the condominium;
            (2)  there occurs 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)  such event or action has occurred and the date
            of such occurrence, thereby causing this section to
            become applicable to the condominium; and
                (ii)  that a copy of such instrument has been sent to
            all unit owners; or
            (3)  the declarant executes and records an instrument
        stating that this section shall thereafter apply to the
        condominium and that a copy of such instrument has been sent
        to the executive board and all unit owners.
     Paragraph (3) shall be applicable only if the declarant shall
     have expressly reserved in the declaration, pursuant to section
     3205(12) (relating to contents of declaration; all
     condominiums), the special declarant right to make this section
     applicable to the condominium and only if the instrument
     exercising such right shall have been recorded during the time
     period allowed for the exercise of such right.
        (g)  Delegation of all powers.--If all the powers of a
     condominium association are delegated to a master association
     and accepted by such master association pursuant to subsection
     (b), then the governing body of the master association may act
     in all respects as the executive board of the condominium and no
     separate executive board need be elected or exist.
     (Dec. 18, 1992, P.L.1279, No.168, eff. 45 days)

        1992 Amendment.  Act 168 added section 3222.
        Cross References.  Section 3222 is referred to in sections
     3102, 3103, 3205, 3302 of this title.