LEGISLATIVE Connued from page 12


each uniform parcel idener number assigned to the all the units within the community – in other words, no “per lot” recording fees would be permied for a declaraon amendment; the only recording fee that would be permied would be for indexing the declaraon amendment in the name of the planned community in both the grantor and grantee index.


PALAC is working on a legislave soluon to the opinion issued by the United States Court of Appeals for the Third Circuit in the maer of In re Kelly L. Makowka. The Makowka Court held that the lien for assessments created by Secon 5315 of the UPCA can only be preserved, for statute of limitaon purposes, by an in rem foreclosure acon, and, as a result, the associaon’s ling of a lawsuit against the unit owner for a personal judgment was insucient to toll the three year statute of limitaons for enforcement of the associaon’s statutory lien. As a result, in the context of bankruptcy, the statutory lien for assessments which accrue more than three years prior to the ling of a bankruptcy is unenforceable outside the realm of a foreclosure acon. PALAC is seeking to address the issue created by the Makowka opinion legislavely by proposing amendments to the pernent secons of the CIC statutes.


PA LAC is working on a legislave soluon to the increased DEP permit fees and bonds for private dams located within CICs.


Some ongoing legislave issues that CAILAC connues to focus on are:


HB 1688  Planned Unit Development Data Collecon Act  HB 1688 would mandate the collecon of data including informaon such as name, physical locaon, land area, lot size, number of units, locaon, infrastructure age, and arcles of incorporaon or other nonprot organizaon registraon informaon led with the Department of State.


HB 551  provides for a 75% deducon on a PA individual personal income tax return on amounts paid for associaon assessments.


SB 557, HB 319 and HB 1254 – relang to open meengs and document access.


HB 2133 – dealing with the emerging sinkhole problem in CICs. 2015 PALAC Visit to Harrisburg


Stay tuned for informaon about the 2015 PALAC visit to Harrisburg. During the 2014 legislave day, LAC delegates parcipated in 25 meengs with state legislators and sta. We expect that 2015 will be an even beer year for our visit and we welcome all interested chapter members to aend. Please check our website frequently for updates on legislave aairs and for posions the LAC has adopted on pending bills. Please contact the chapter oce if you’re not receiving email updates, as we will be sending out legislave alerts and calls to acon via email when Bills are moving through the legislature.


ABOUT THE AUTHOR Edward Homan, Jr., Esq., is a DelegateatLarge for CAI's Pennsylvania Legislave Acon Commiee and is a shareholder at CAI Business Partner member Fitzpatrick Lentz & Bubba He can be contacted at: ehoman@blaw.com.


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