ARE YOU FRUSTRATED?


A letter from State Representative Rosemary Brown 189th District - Monroe / Pike Counties


Are you frustrated? Believe me, I feel your pain!


It has been a difficult two years with added obstacles and overall concerns from a public health perspective but also from a political perspective. As a Pennsylvania state legislator, elected in 2010, I have seen my share of disappointments. Unfortunately, last issue’s Community Assets magazine’s article made that list of disappointments.


The article titled, “An Assault on Voting,” failed to present the most up-to-date facts of my strong leadership and work on legislation to improve how we build the process and accountability within private communities. It is my hope that engaging with you directly will make the information I have to share more impactful and clearer, and I thank you for continuing to read.


From the first day I was elected in 2010 to my newly-appointed position as majority chairwoman of the House Urban Affairs Committee in Harrisburg, I have dedicated myself to strengthening the framework and education of our homeowner associations (HOAs) and common interest ownership communities (CIOCs). After all, the Pocono region I represent is home to a tremendous amount of HOAs, and the residents of these communities were requesting help with situations happening in their communities. My record on standing with them is clear, and positive.


I have worked successfully on issues of private dam management, complaint review access and mediation, and created a local HOA taskforce and educational seminar


series for board members to build knowledge. While I understand nothing will ever be perfect, we need to acknowledge reality—and reality is that there is room for improvements by creating a stronger framework and respecting community bylaws. And while we have been successful in some areas, my experience with residents and boards proves we can achieve even more to provide common sense protections for both.


Questions and concerns about election procedures within a community continue to be at the top of the list of resident concerns. That is why, for the last three years, I have worked at strengthening the framework on how elections are performed within HOAS /CIOCs. This is not an “Assault on Voting” as was alleged in the article; rather, it is a resident protection that all people who live in an association and pay a fee deserve. While last month’s article stated that none of CAI’s amendments * or recommendations on this legislation were included, it is important for you to know the following was agreed to through the amendment process:


1. Allowing voting of paper and electronic to occur, during the same election.


2. Adjusted the percent of votes necessary to change bylaws from the original two-thirds to 51 percent. I also have created an additional amendment to adjust this further by having the 51 percent apply to actual votes, not full community membership.


3. Third Party Vote Management system was defined in the bill.


4. A meet the candidate “session” was included in wording; doing so avoids quorum issues, etc. around a “meeting.”


5. The issue of a definition regarding interfering with an election is still being reviewed as well as the penalties.


While this last issue is still in discussion, it is not fair or accurate to say that I have not been present or working on these issues or concerns to make the best piece of legislation possible. The legislative intent of HB1795 is not to do harm but to create a voting process that protects residents and boards and creates accountability. Everyone should be in favor of building this endeavor.


While I enjoy and value working with stakeholders and associations, my position beholds me only to the residents of my district and all of Pennsylvania—not any one special interest.


I want to thank each of you who volunteer or are employed within your community. The work you do is never easy and always requires a great deal of time and commitment.


In fact, the work we all do is not easy, but it should be honest, clear and productive!


Thank you.


* Editor’s note: The amendments referenced in the original article concerned making permanent certain practices used during the pandemic such as the ability to hold board and annual meetings virtually. This amendment was submitted in the Fall of 2020 and CAI requested its inclusion in House Bill 1795 and hopes it will be considered.


CAI appreciates the amendments that Representative Brown has already offered to the original legislation, which were still in process at the time of printing of the article in the previous issue of Community Assets.


www.cai-padelval.org 17


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