Bill to improve handling of complaints in residential communities signed into law

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Legislation seeking to improve the process for how certain complaints within residential communities are handled was signed into law last week by Gov. Tom Wolf.

House Bill 595, now Act 17 of 2018, was sponsored by Rep. Rosemary M. Brown’s (R-Monroe/Pike). It assigns additional powers to the Office of Attorney General’s Bureau of Consumer Protection regarding how Home Owner Association (HOA) complaints are handled.

“This is a true victory for residents who live within private communities because it offers them a mechanism for assistance with certain types of serious complaints besides a costly private lawsuit,” Brown said. “This act is meant to encourage mediation on all levels and to offer residents and investigation when necessary, protecting their rights.”

Communities formed under Title 68 operate under a set of governing bylaws. The micro-governments then formed through those bylaws prevent residents and unit owner boards from feeling like they have anywhere real to turn when serious disagreements of fraud take place within the community.

While Title 68 communities already have a complaint process in place regarding financial documents filed with the Bureau of Consumer Protection, Act 17 of 2018 will now allow for the filing of other serious complaints, such as meetings, quorums, voting/proxies, and other association records, that may be a violation of other portions of Title 68.