Resources

COVID-19 Resources

During this current pandemic, Steven L. Sugarman & Associates is pleased to offer the following links to important resources, plus the articles posted below. To skip to other resources on this page, click here.

Meetings during the pandemic

With State and Federal mandates and guidelines in place with respect to the coronavirus, in-person meetings are strongly discouraged if not prohibited. Under these circumstances, what can a community association do about board or membership meetings? Most of the governing documents for condominiums and planned communities do not provide for alternative means of conducting meetings. A solution to this dilemma is also not embodied in Pennsylvania's Uniform Condominium Act or Uniform Planned Community Act. However, all is not lost.

For the associations that are formed as non-profit corporations (and most are), the Pennsylvania Non-Profit Corporation Law (NPCL) provides the means to conduct meetings in a safe manner during these unprecedented times through the use of "conference telephone or other electronic technology." Specifically, Section 5708 of the NPCL provides the following:

Use of conference telephone or other electronic technology:

a) Incorporators, directors and members of another body – Except as otherwise provided in the bylaws, one or more persons may participate in a meeting of the incorporators, the board of directors or another body of a nonprofit corporation by means of conference telephone or other electronic technology by means of which all persons participating in the meeting can hear each other. Participation in a meeting pursuant to this section shall constitute presence in person at the meeting.

b) Members – Except as otherwise provided in the bylaws, the presence or participation, including voting and taking other action, at a meeting of members, or the expression of consent or dissent to corporate action, by a member by conference telephone or other electronic means, including, without limitation, the Internet, shall constitute the presence of, or vote or action by, or consent or dissent of the member for the purposes of this subpart.

Therefore, provided that an association’s bylaws do not provide otherwise, association boards and members may rely upon Section 5708 of the NPCL and conduct meetings by phone or virtual means.

In addition, Section 5509 of the NPCL authorizes boards of directors to adopt "emergency bylaws" at a time like this so as to enable nonprofit community associations tomodify such important procedural steps as:

  1.  procedures for calling meetings,
  2. quorum requirements for meetings, and
  3. procedures for designating additional or substitute directors.

As you can see, help is available for community associations to conduct meetings through proper application of these existing statutory provisions. However, before implementing any temporary meeting procedures, association boards should certainly consult with legal counsel.

Steven L. Sugarman & Associates remains available to assist community associations with these meeting issues as well as the myriad of other unprecedented legal issues confronting community associations during these extraordinary times.

Centers for Disease Control and Prevention (CDC) Resources

Commonwealth of Pennsylvania Resources 

Community Associations & COVID-19 

Federal Emergency Management Agency (FEMA) Resources 

Johns Hopkins Coronavirus Resource Center 

Pennsylvania Department of Health Resources

Senate Bill 841 (Act 15 of 2020) Signed into Law (synopsis) 

U.S. Department of Housing and Urban Development Resources

U.S. Department of Labor Resources 

United States Government Coronavirus Resources (links to all Departments)

Pennsylvania and Delaware Valley Chapter Community Association Institute 



Audio
WCOJ Radio Interview with Steve Sugarman
regarding Community Associations

PA Statutes/Acts

Uniform Condominium Act (PDF, 160KB file)

Uniform Planned Community Act (PDF, 180KB file)

Real Estate Cooperative Act (PDF, 400KB file)

Unit Property Act (PDF, 46K)

Uniform Common Interest Ownership Act (PDF)

PA Code Online

Human Relations Act

PA Governmental Departments

PA Corporations Bureau

PA Department of State

PA Department of Transportation

PA Department of Environmental Protection

Pennsylvania General Assembly

PA Professional Licenses

PA Municipal Codes

PA E-Code Library

PA Local County Websites

Online Township and Borough Codes

Newspapers

Daily Local News

Philadelphia Inquirer

CAI

Community Associations Institute

Pennsylvania Delaware Valley Chapter, Community Associations Institute

Miscellaneous

Disability Rights Network of Pennsylvania

FCC Fact Sheet on Placement of Antennas

Transitioning From Developer to Homeowner Control

 

COVID-19 Resources now available here