The other piece of legislation, PA Senate Bill 561, would prevent any unreasonable restrictions on the installation and use of electric vehicle charging stations. Associations would be permitted to implement regulations pertaining to this type of installation concerning the parking spot and aesthetics of the charging station. The unit owner would be primarily responsible for all costs associated with the installation and usage of the charging station including the electricity. This bill is currently sitting in the Senate Transportation Committee.
PA LAC is actively monitoring both of these bills and working with the legislature in order to balance the interests of both HOA residents and their governing Boards in order find amiable solutions for all parties involved. We hope to have another update on this legislation later this year.
ABOUT THE AUTHOR Matthew Chupalio, CMCA, AMS, PCAM is President- North Region of PENCO Management, Inc. Matt is a graduate of Delaware Valley University. He currently serves as a delegate to the Pennsylvania Legislative Action Committee (PA LAC) and serves on PA LAC’s Communications Subcommittee. He can be reached via email at:
mchupalio@pencomanagement.com.
is a third voting protocol that is often overlooked and which may be useful in some scenarios. This protocol involves taking action on written consent without a meeting. The advantage of this process is that in a Title 15A corporation (like most condominiums and HOAs), the vote can be “left open” nearly indefinitely until enough unit owners sign off.
N.J.S.A. 15A:5-6 states, in pertinent part, that:
Except as otherwise provided in the certificate of incorporation or bylaws and subject to the provisions of this subsection, any action required or permitted to be taken at a meeting of members by this act, the certificate of incorporation, or bylaws, other than the annual or biennial election of trustees, may be taken without a meeting upon the written consent of members who would have been entitled to cast the minimum number of votes which would be necessary to authorize the action at a meeting at which all members entitled to vote thereon were present and voting, if (1) the corporation provides to all other members advance notification setting forth the proposed action consented to, (2) the proposed action is not consummated before the expiration of 10 days from the giving of the notice and 20 days from the giving of the notice in the case of any action taken pursuant to chapter 10 of this act, and (3) the notice sets forth the existence of such 10-day period.
In my legal practice, I have definitely seen a push in the last year or so by many associations seeking to update their original bylaws. I typically suggest a “two-step” process: (1) have the board make all amendments required by law in an open board meeting; and, (2) submit whatever other revisions that may be desirable to a vote by the owners either in a special meeting or pursuant to the negative vote protocol. However, there
For the action on written consent to be successful, the association must assume that 100% of owners voted and must reach the majority required by the amendment provision of the bylaws. For example, if the bylaw amendment provision requires a vote of a majority of members at a meeting at which a quorum is present, then in order to succeed you must obtain the consents of a majority of ALL owners. Typically, this is not an issue as many bylaw amendment provisions are already based
Contribute to the LAC at:
https://caikeystone.org/advocacy/
legislative-action-committees/support- our-legislative-advocacy-efforts/
www.CAIKey sto ne .org 13
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