Uniform Planned Community Act — Powers of Unit Owners' Association

Section 5302.0 - Title 68 - REAL AND PERSONAL PROPERTY 68c5302s § 5302.  Power of unit owners' association. (a)  General rule.-- Except as provided in subsection (b) and subject to the provisions of the declaration and the limitations of this subpart, the association, even if unincorporated, may: (1)  Adopt and amend bylaws and rules and regulations. (2)  Adopt and amend budgets for revenues, expenditures and reserves and collect assessments for common expenses from unit owners. (3)  Hire and terminate managing agents and other employees, agents and independent contractors. (4)  Institute, defend or intervene in litigation or administrative proceedings, or engage in arbitrations or mediations, in its own name on behalf of itself or two or more unit owners on matters affecting the planned community. (5)  Make contracts and incur liabilities. (6)  Regulate the use, maintenance, repair, replacement and modification of common elements and make reasonable accommodations or permit reasonable modifications to be made to units, the common facilities, the controlled facilities or the common elements, to accommodate people with disabilities, as defined by prevailing Federal, State or local statute, regulations, code or ordinance, unit owners, residents, tenants or employees. (7)  Cause additional improvements to be made as a part of the common facilities and, only to the extent permitted by the declaration, the controlled facilities. (8)  (i)  acquire, hold, encumber and convey in its own name any right, title or interest to real or personal property other than common facilities; and (ii)  convey or subject to a security interest common facilities only under the provisions of section 5318 (relating to conveyance or encumbrance of common facilities). (9)  Grant easements, leases, licenses and concessions through or over the common facilities and, only to the extent permitted by the declaration, the controlled facilities. (10)  Impose and receive payments, fees or charges for the use, except as limited by other provisions of this subpart, rental or operation of the common elements other than the limited common elements described in section 5202(2) and (3) (relating to unit boundaries). (11)  Impose charges for late payment of assessments and, after notice and an opportunity to be heard: (i)  Levy reasonable fines for violations of the declaration, bylaws and rules and regulations of the association. (ii)  For any period during which assessments are delinquent or violations of the declaration, bylaws and rules and regulations remain uncured, suspend unit owners' rights, including, without limitation, the right to vote, the right to serve on the board or committees and the right of access to common elements, recreational facilities or amenities. (12)  Impose reasonable charges for the preparation and recording of amendments to the declaration, resale certificates required by section 5407 (relating to resales of units) which shall be one charge that may be made by the association solely because of the resale or retransfer of any unit or statement of unpaid assessments. In addition, an association may impose a capital improvement fee, but no other fees, on the resale or transfer of units in accordance with the following: (i) …

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