On June 11, 2008 the Pennsylvania House of Representatives passed House Bill 2295, which would amend Section 3315 of Pennsylvania’s Uniform Condominium Act (The Act). HB 2295 will restore original language, which had been removed from The Act in 2004. In 2004 the amendment to The Act reduced the rights of an association to collect unpaid assessments after a judicial sale of unit, to only being able to collect unpaid assessments in cases ending in foreclosure.
HB 2295 will provide a condominium association with a “super-priority” lien for assessments payable by unit owners. This means that an association will be able to collect up to six months of unpaid assessments from unit owners in the event of a judicial sale, and/or foreclosure of a unit. The money collected from the assessments enable an association to provide unit owners with maintenance services required in accordance with the association’s contracts and statutory responsibilities.
Taking away the right of an association to collect unpaid assessments after the judicial sale of a unit will only negatively affect the association and it’s unit owners. Reinstating the original language used prior to the amendment of The Act in 2004 will enable community associations to continually provide the level of service unit owners have come to expect.