September 19th, 2018

New Law Requires Condominium Bylaws Update

Due to a new law, Condominium Associations have the opportunity to update their bylaws to include alternative dispute resolution procedures to avoid consumer complaints from unit owners.

In May, a modified version of House Bill 595, which was pending for more than a year, was passed and signed into law. The Bill gives Condominium Unit owners the right to file complaints with the Bureau of Consumer Protection (Attorney General’s Office) for disputes about meetings, quorums, voting, and association records. The Bill also gives Condominium Associations the right to require that unit owners initially utilize alternative dispute resolution (mediation) before they file a consumer complaint with the  Pennsylvania Attorney General’s Office. Owners are required to utilize alternative dispute resolution methods, first, if offered by their Condominium Association, prior to making a complaint.

Alternative dispute resolution offers Condominiums an opportunity to avoid costly litigation and resolve disputes more efficiently. However, it must be stated in an Association’s bylaws that an alternative dispute resolution process is available to owners. Therefore, this is an excellent time for Condominium Unit owners to consider an update to their bylaws.

Attorney Jack Gross is a real estate attorney and licensed Pennsylvania Title Agent, providing legal counsel to commercial and residential real estate owners, buyers, and sellers.