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“this is especially a problem for community associations that are attempting to get their municipality to take over their private roads. Not only are the private roads a financial burden for the community association but existence of the private roads restricts public services such as regular police patrols and school bus routing.”


It is because of these kind of issues with roads, and other issues like the growing responsibilities of stormwater management being assigned to community associations, that Senator Scavello has almost annually presented a bill that would allow dues-paying members in Pennsylvania’s community associations to deduct 75% of their annual community association dues from their Pennsylvania State Income Tax. “Each subsequent year I present this bill it gets more and more support and I do not think we are far away from getting the bill passed,” Senator Scavello added.


Another bill Senator Scavello has presented several times in the past has been a Data Collection Bill aimed at having each county in the Commonwealth collect vital information about community associations within their county. Currently, Pennsylvania collects no information specific to community associations and cannot produce any statewide statistical information on community associations within the Commonwealth.


As the conversation wound down, Bob asked Senator Scavello what he thinks is the biggest issue facing Pennsylvanians and in particular his constituents. Without hesitation Senator Scavello said he felt rising school property taxes were one of the Commonwealth’s biggest problems. “We are pushing senior citizens out of their homes with the escalating school property


taxes, and we have to figure out a way to keep the seniors in their homes. It is also a double-edged problem as when seniors are forced out of their homes, they tend to sell their homes to families with school- age children, now putting an additional burden on the school district.” Senator Scavello is hopeful that adjustments in Pennsylvania’s sales tax structure can help address the escalation school property taxes and keep Pennsylvania’s Senior Citizens in their homes.


A Conversation with Pennsylvania State Senator Wayne D. Fontana


On September 27, 2021, on behalf of the Pennsylvania LAC, Delegate Diane Wohlfarth, Esq. had the pleasure of interviewing Senator Wayne D. Fontana, who represents the 42nd District, which encompasses portions of Pittsburgh and surrounding communities.


Before being elected to office, Senator Fontana was a Realtor and although not currently active in the residential real estate market, he continues to maintain his real estate license. Because of this background, he is familiar with the requirements for buying and selling condominiums units and properties in planned communities.


Senator Fontana has noticed that typically buyers don’t pay attention to what they are signing off on when they decide to purchase in a common interest community; and in fact, don’t pay attention at all until something happens, at which time there is a challenge and, “complaints on top of complaints on top of complaints.” He expressed concern that, although there should be some differences among communities, there is no consistency as far as timelines and association oversight.


Senator Fontana hears from his former colleagues, fellow members


36 November | December 2021


of the Realtors Association of Metropolitan Pittsburgh (RAMP), asking for help or proposing legislation. He doesn’t typically hear directly from homeowners or board members in his constituency, but says he learns a lot at family dinners, as his son owns four or five condominium units and shares his issues and concerns with his father. Senator Fontana encourages his son to run for the board in the communities where he has units, and emphasizes that he wants people to be knowledgeable about the governing documents and the applicable state laws (the Uniform Condominium Act [68 Pa. C.S.A. §3101 et seq.], the Uniform Planned Community Act [68 Pa. C.S.A. §5101 et seq.], and the Real Estate Cooperative Act [68 Pa. C.S.A. §4101 et seq.]).


He feels that there should be an education component to buying into a common interest community in a manner that makes it easy for folks to understand the governing documents and applicable law, and suggests perhaps Zoom education sessions be made available to them where all could easily participate. He also feels that more frequent board meetings that are advertised and promoted would add opportunities for education of unit owners. In addition, he believes that the owners of rental units in common interest communities bear some responsibility for educating their tenants and that it is incumbent upon the owners to ensure that there is no disconnect between the association, the owner and the tenant.


Senator Fontana summarized that from his perspective, the key issues facing common interest communities are the slow reaction time by boards when facing issues, and inconsistent interpretation of the governing documents. He stressed that he wants people to be secure and feel safe in the environment they live in.


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