Uniform Planned Community Act — Declarant Delivery of Items

Section 5320.0 - Title 68 - REAL AND PERSONAL PROPERTY 68c5320s § 5320.  Declarant delivery of items to association. Except as set forth in paragraph (9), not later than 60 days after the required termination of the period of declarant control under section 5303(c) (relating to executive board members and officers) or the declarant's earlier voluntary termination of control, the declarant shall deliver to the association all property of the unit owners and of the association held by or controlled by the declarant, including, without limitation, all of the following items, if applicable, as to each planned community or other owners' association operated by the association: (1)  The original or a certified copy or a photocopy of the recorded declaration and all amendments thereto. If a photocopy is delivered, the photocopy shall reflect the recording information and shall be accompanied by an affidavit executed by the declarant certifying the photocopy to be a true, correct and complete copy of the actual recorded declaration and all amendments thereto. (2)  The association articles of incorporation, if incorporated, with evidence of filing with the Department of State. (3)  A copy of the bylaws. (4)  A complete set of all executive board minutes and resolutions and all other books and records of the association. (5)  A complete copy of all rules and regulations that may have been adopted. (6)  Copies of all Federal, State and local tax returns filed by or on behalf of the association and copies of any tax-exempt elections made by or on behalf of the association. (7)  Copies of all past and current budgets of the association. (8)  Resignations of officers and members of the executive board who are required to resign because the declarant is required to relinquish or has relinquished control of the association. (9)  Not later than 90 days after the required termination of the period of declarant control under section 5303(c) or the declarant's earlier voluntary termination of control, a complete audit of the finances of the association for the time period between the last audit of the association's financial books and records and the date of termination of the period of declarant control, prepared by an independent certified public accountant in accordance with generally accepted accounting principles, the costs of which audit are to be borne equally by the declarant and the association. If the planned community consists of not more than 12 units, a warranty from the declarant to the association that the books and records of the association completely and accurately reflect all activities of the association from its inception through the date of termination of the period of declarant control may be substituted for the audit referred to in this paragraph. (10)  All association funds or control thereof. (11)  All tangible personal property and inventories thereof: (i)  that may have been represented or should have been represented by the declarant in any public offering statement, sales materials or other writings to be part of the common elements; or (ii)  that are otherwise …

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