The Pennsylvania General Assembly enacted Act 115, which amends Title 68 of the Pennsylvania Consolidated Statutes and impacts the governance of homeowners associations (also known as planned communities), inium associations and cooperatives in the Commonwealth.
Pennsylvania Uniform inium Act §§ 3101 to. 3414) was adopted in 1980 to govern the formation and operation of iniums. Prior to the UCA, iniums in Pennsylvania were governed by the since-repealed Unit Property Act. By definition, a inium is a form of real estate ownership.
In Pennsylvania, homeowner associations (HOAs) are governed by specific state laws to maintain order and regulate affairs within planned communities. These regulations are primarily outlined in the Uniform Planned Community Act (UPCA), codified in Title 68, Chapters 51-54 of the Pennsylvania statutes.
In a inium, the common facilities are owned directly by the unit owners as an interest appurtenant to the units. In a planned community, the common facilities are owned by the association, and each unit owner has a membership interest in that association because they hold the title to their unit.
Iniums in Pennsylvania are governed by the Uniform inium Act, 68 Pa. Stat. §§ 3101 to 3414 (the “UCA”). Although “inium” is a term generally used to refer to an individually-owed unit, it is also a form of ownership where property other than the individual unit is deemed to be common property.
Pennsylvania Uniform inium Act C.S. §§ 3101 to. 3414) was adopted in 1980 to govern the formation and operation of iniums. Prior to the UCA, iniums in Pennsylvania were governed by the since-repealed Unit Property Act. By definition, a inium is a form of real estate ownership.
On the flip side, board members can be held personally liable if they engage in illegal activities, breach their fiduciary duties or personally benefit from association transactions.
Per the Illinois inium Property Act, board members owe a fiduciary duty to the association and its members, but what does that mean in practice? Here we break it down: All decisions must be made in the best interest of the community – That means community interests come before individual interests. Full stop.
Specifically, Section 18.4 of the Illinois inium Property Act states that a inium board must "exercise the care required of a fiduciary of the unit owners." This duty is also set out in the Illinois General Not for Profit Corporation Act.